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PEOPLE v. McCRACKEN

426 KA 17-00900.

217 A.D.3d 1543 (2023)

193 N.Y.S.3d 467

2023 NY Slip Op 03614

The People of the State of New York, Respondent, v. James D. McCracken, Appellant.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

JULIE CIANCA , PUBLIC DEFENDER, ROCHESTER ( JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MARTIN P. McCARTHY, II , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Judith A. Sinclair, J.), rendered March 13, 2017. The judgment convicted defendant upon a plea of guilty of murder in the second degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of...

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