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PEOPLE v. WITHERSPOON

2021-06442.

211 A.D.3d 108 (2022)

177 N.Y.S.3d 106

2022 NY Slip Op 05866

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CURTIS WITHERSPOON, Respondent.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Anne T. Donnelly , District Attorney, Mineola ( Tammy J. Smiley , Kevin C. King , and David L. Glovin of counsel), for appellant.

Collins Gann McCloskey & Barry PLLC, Mineola ( Richard D. Collins of counsel), for respondent.

CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.

OPINION OF THE COURT

This appeal presents the question of whether CPL 160.59(3)(f) requires a court to summarily deny a defendant's motion to seal an eligible offense where the defendant subsequently has been convicted of a crime under the laws of another state. We hold that CPL...

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