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PEOPLE v. MILLER

1084/19 KA 17-01302.

191 A.D.3d 1373 (2021)

138 N.Y.S.3d 396

2021 NY Slip Op 00749

The People of the State of New York, Respondent, v. Joshua L. Miller, Appellant.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( KAIXI XU OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE , DISTRICT ATTORNEY, ALBION ( SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.

Now, upon remittitur from the Court of Appeals,

It is hereby ordered that, upon remittitur from the Court of Appeals, the judgment so appealed from is unanimously affirmed.

Memorandum: This case is before us upon remittitur from the Court of Appeals (People v Bisono, ___ NY3d ___, 2020 NY Slip Op 07484 [2020], revg People v Miller, 177 A.D.3d 1397 [4th Dept 2019]). We previously affirmed the judgment convicting defendant upon his plea of guilty...

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