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PEOPLE v. SMITH

691 KA 15-01532.

143 A.D.3d 1236 (2016)

2016 NY Slip Op 06565

39 N.Y.S.3d 334

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JENISE HADDAD SMITH, Appellant.

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

Decided October 7, 2016.

It is hereby ordered that the case is held, the decision is reserved, and the matter is remitted to Oneida County Court for a hearing pursuant to CPL 440.30 (5) in accordance with the following memorandum: On appeal from an order denying her motion pursuant to CPL 440.10 to vacate a judgment convicting her of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and assault in the second degree (§ 120.05 [2]) on the ground of ineffective assistance...

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