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PEOPLE v. TUCKER

417 KA 12-02303.

139 A.D.3d 1399 (2016)

31 N.Y.S.3d 377

2016 NY Slip Op 03637

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH TUCKER, III, Appellant. (Appeal No. 1.)

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

Decided May 6, 2016.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon a nonjury verdict of six counts of robbery in the second degree (Penal Law §§ 20.00, 160.10 [1]; [2] [b]). In appeal No. 2, defendant appeals by permission of this Court from an order denying his motion pursuant to CPL 440.10 seeking to vacate the judgment...

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