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PEOPLE v. TEJEDA

1009, 5490/01.

141 A.D.3d 444 (2016)

35 N.Y.S.3d 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELO TEJEDA, Appellant.

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

Decided July 14, 2016.

The issue here is whether a defendant whose case still is on direct appeal should be denied the benefit of the Court of Appeals' ruling in People v Peque (22 N.Y.3d 168 [2013], cert denied 574 US ___, 135 S.Ct. 90 [2014]), which is rooted in federal constitutional law, because defendant absconded from parole before his attorney perfected this appeal. We conclude Peque should apply to...

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