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PEOPLE v. SORBELLO

285 A.D.2d 88 (2001)

729 N.Y.S.2d 747

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SORBELLO, Appellant.

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

August 27, 2001.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Caroline R. Donhauser of counsel), for respondent.

KRAUSMAN, J. P., H. MILLER and SCHMIDT, JJ., concur.

OPINION OF THE COURT

CRANE, J.

This case presents the first occasion in this department to analyze the effect of CPL 240.75 (L 2000, ch 1, § 48, eff Feb. 1, 2001) on an appeal by a defendant whose conviction was rendered before the effective date of the new section, where the defendant claims a violation of the Rosario rule (see, People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; CPL 240...

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