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PEOPLE v. SMITH

Nos. 103, 104.

27 N.Y.3d 643 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GLENN S. SMITH, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN E. RAMSEY, Appellant.

Court of Appeals of New York.

Decided June 23, 2016.

Attorney(s) appearing for the Case

David M. Hoovler , District Attorney, Middletown ( Andrew R. Kass of counsel), for appellant in the first above-entitled action.

Richard N. Lentino , Middletown, for respondent in the first above-entitled action.

Robert N. Gregor , Lake George, for appellant in the second above-entitled action.

J. Anthony Jordan , District Attorney, Fort Edward ( Brandon P. Rathbun of counsel), for respondent in the second above-entitled action.

Opinion by Chief Judge DIFIORE. Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

At issue in both appeals here is whether CPL 460.10 requires a defendant who was convicted in a local court, which is not designated by law as a court of record and did not have a court stenographer present during the proceedings, to submit an affidavit

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