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PEOPLE v. PAYTON

No. 232

22 N.Y.3d 1011 (2013)

4 N.E.3d 352

981 N.Y.S.2d 342

2013 NY Slip Op 8289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WENDELL PAYTON, Appellant.

Court of Appeals of New York.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Robert C. Mitchell , Legal Aid Society, Riverhead ( Kirk R. Brandt of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Glenn Green of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting the case to County Court for a hearing on defendant's CPL 440.10 motion and, as so modified, affirmed.

On April 6, 2007, defendant Wendell Payton was arrested and charged with one count of second-degree robbery (Penal Law § 160.10). About two weeks before defendant's trial, the district attorney's office executed a search warrant on defense counsel...

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