Appellate Division of the Supreme Court of New York, 1998

People v. Potter

Appellate Division of the Supreme Court of New York · Decided October 2, 1998

254 A.D.2d 833; 678 N.Y.S.2d 763

Opinion of the Court

Order unanimously reversed on the law and motion granted. Same Memorandum as in People v Potter ([appeal No. 1] 254 AD2d 831 [decided herewith]). (Appeal from Order of Oneida County Court, Donalty, J. — CPL art 440.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

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