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PEOPLE v. FRANCIS

Not in source.

28 N.Y.3d 1034 (2016)

65 N.E.3d 705

42 N.Y.S.3d 676

2016 NY Slip Op 07706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE FRANCIS, Appellant.

Court of Appeals of New York.

Decided November 17, 2016.

Attorney(s) appearing for the Case

Andrew W. Sayegh, Yonkers, for appellant.

James A. McCarty, Acting District Attorney, White Plains (Laurie Sapakoff of counsel), for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Chief Judge DIFIORE taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Supreme Court had jurisdiction over the case when it corrected an error in a decision issued one day prior based on an objective fact and thereby reinstated certain counts of defendant's indictment. Accordingly, there is no basis to disturb the judgment entered upon defendant's guilty plea.

On review of submissions pursuant to section 500.11 of the Rules of the...

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