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PEOPLE v. COOTE

1817, 5769/10.

145 A.D.3d 431 (2016)

2016 NY Slip Op 08102

41 N.Y.S.3d 708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESTON COOTE, Appellant.

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

Decided December 1, 2016.

Supreme Court correctly determined that defendant's CPL 440.20 motion was procedurally barred by this Court's prior affirmance, on the merits, of defendant's 2010 conviction and his adjudication as a second violent felony offender (CPL 440.20 [2];110 A.D.3d 485 [1st Dept 2013], lv denied 22 N.Y.3d 1198 [2014]). Defendant's submission of additional evidence in support of his argument that his prior...

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