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PEOPLE v. COLEMAN

61 A.D.3d 1383 (2009)

878 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICHARD L. COLEMAN, Respondent.

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

Decided April 24, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: The People appeal from an order granting defendant's CPL 440.10 motion and vacating the judgment convicting defendant upon his plea of guilty of, inter alia, burglary in the first degree (Penal Law § 140.30 [3]). We conclude that County Court properly vacated the judgment on the ground that defendant was not advised prior to entering his plea that he would be subject to...

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