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PEOPLE v. OCCHIUTO

2021-05547. Ind. No. 4905/17.

199 A.D.3d 837 (2021)

154 N.Y.S.3d 279

2021 NY Slip Op 06196

The People of the State of New York, Plaintiff, v. Fred Occhiuto, Defendant.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for defendant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Jodi L. Mandel , and Daniel Berman of counsel), for plaintiff.

Chambers, J.P., Hinds-Radix, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the application is granted, and the defendant's application is deemed to be a timely notice of appeal.

The defendant has established his entitlement to the relief requested (see People v Syville, 15 N.Y.3d 391

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