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PEOPLE v. KAGAN

2014-11337, Ind. No. 11177/98.

2022 NY Slip Op 02283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD KAGAN, Appellant.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York, NY ( Richard E. Mischel of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Amy Appelbaum of counsel), for respondent.

Before: Francesca E. Connolly, J.P., Reinaldo E. Rivera, Robert J. Miller, Paul Wooten, JJ.

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (ShawnDya L. Simpson, J.), dated September 25, 2014, which, after a hearing, denied his motion pursuant to CPL 440.10 to vacate so much of a judgment of the same court (Frank J. Barbaro, J.) rendered December 22, 1999, as convicted him of murder in the second degree, after a nonjury trial, and imposed sentence on that conviction.

DECISION & ORDER

ORDERED that the...

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