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PEOPLE v. BROWN

No. 2014-08617, Ind. No. 2299/08.

142 A.D.3d 622 (2016)

36 N.Y.S.3d 523

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BROWN, Appellant.

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

Decided August 17, 2016.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a hearing before a different Justice and a new determination of the defendant's motion thereafter.

The defendant moved pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was deprived of the effective assistance of counsel, based on his trial counsel's failure to inform him of the possibility that, in the event he

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