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PEOPLE v. MARTINEZ

186 KA 13-02053

126 A.D.3d 1350 (2015)

5 N.Y.S.3d 645

2015 NY Slip Op 02286

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

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

Decided March 20, 2015.

Appeal from an order of the Supreme Court, Monroe County (Francis A. Affronti, J.), dated November 1, 2013. The order denied the motion of defendant to vacate a judgment of conviction pursuant to CPL 440.10.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, and the matter is remitted to Supreme Court, Monroe County, for a hearing pursuant to CPL 440.30 (5) in accordance with the following memorandum: Defendant appeals from an...

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