PEOPLE v. HEMANS

15782, 2665/09.

132 A.D.3d 428 (2015)

17 N.Y.S.3d 122

2015 NY Slip Op 07226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE HEMANS, Appellant.

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

Decided October 6, 2015.


Order, Supreme Court, Bronx County (Harold Adler, J.), entered on or about August 13, 2012, which summarily denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered on June 28, 2010, unanimously reversed, on the law, and the matter remanded for an evidentiary hearing.

Initially, we reject the People's argument that we should decline to hear this appeal, for which leave to appeal has been granted by a Justice of this Court, on the ground that...

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