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PEOPLE v. HERNANDEZ

2013-01350, 940-07.

125 A.D.3d 885 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER HERNANDEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 18, 2015.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion pursuant to CPL 440.10 which was to vacate the judgment rendered May 12, 2008, made on the ground that he was deprived of the effective assistance of counsel due to his trial counsel's alleged failure to consult or hire an expert witness; as so modified, the order is affirmed, and the matter is remitted...

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