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PEOPLE v. MOORE

No. 230 SSM 19

24 N.Y.3d 1030 (2014)

22 N.E.3d 1008

998 N.Y.S.2d 140

2014 NY Slip Op 07203

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MOORE, Appellant.

Court of Appeals of New York.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Kristina Schwarz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Yuval Simchi-Levi 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 Term should be reversed, defendant's guilty plea vacated and the accusatory instrument dismissed. Defendant was charged with four counts of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). At arraignment, there was a brief discussion between defense counsel, the assistant district attorney and the court concerning the terms of a disposition, which then...

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