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PEOPLE v. MIRABELLA

801 KA 17-00027.

187 A.D.3d 1589 (2020)

133 N.Y.S.3d 692

2020 NY Slip Op 05388

The People of the State of New York, Respondent, v. Todd Mirabella, Appellant.

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

Decided October 2, 2020.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Monroe County, for a hearing pursuant to CPL 440.30(5) in accordance with the following memorandum: Defendant appeals from an order that denied without a hearing his CPL 440.10 motion to vacate the judgment convicting him following a jury trial of, inter alia, two counts of sexual abuse in the first...

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