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PEOPLE v. BROCKI

2011-2409 Q C.

42 Misc.3d 53 (2013)

979 N.Y.S.2d 436

2013 NY Slip Op 23409

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRETT BROCKI, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 3, 2013.

Attorney(s) appearing for the Case

Higbee & Associates, Santa Ana, California ( Rayminh L. Ngo of counsel), for appellant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the matter is remitted to the Criminal Court for a determination de novo, following a hearing, of defendant's motion to conditionally seal the record of his conviction of criminal possession of a controlled substance in the seventh degree.

In 2004, defendant was convicted, upon his plea of guilty, of criminal possession of a controlled substance in the seventh...

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