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PEOPLE v. AGOLA

16305, 5319/12.

139 A.D.3d 584 (2016)

32 N.Y.S.3d 133

2016 NY Slip Op 04004

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL AGOLA, Appellant.

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

Decided May 24, 2016.

Criminal Procedure Law § 320.20 (5) states, in pertinent part, that, in a nonjury trial, "[b]efore considering a multiple count indictment for the purpose of rendering a verdict thereon, and before the summations if there be any, the court must designate and state upon the record the counts upon which it will render a verdict" (emphasis added). Here, there is no dispute that this procedure was not followed. After denying...

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