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PEOPLE v. SHEARER

2020-07749. Ind. No. 708/03.

213 A.D.3d 699 (2023)

182 N.Y.S.3d 727

2023 NY Slip Op 00445

The People of the State of New York, Respondent, v. Gil Shearer, Appellant.

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

Decided February 1, 2023.

Attorney(s) appearing for the Case

Hug Law, PLLC, Albany, NY ( Matthew C. Hug of Counsel), for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Shea Scanlon Lomma of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Voutsinas, JJ., concur.

Appeal by the defendant, by permission, from an order of the County Court, Westchester County (David S. Zuckerman, J.), dated July 11, 2019, which denied, without a hearing, his motion pursuant to CPL 440.20(1) to set aside a sentence of the same court (Sam D. Walker, J.) imposed March 10, 2004, upon his conviction of murder in the second degree, upon his plea of guilty.

Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.20...

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