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People v. Scerbo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
ALBERT SCERBO, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered November 27, 2007. The order, insofar as appealed from, denied the motion of the People to reopen the CPL 330.40 hearing and granted the motion of defendant to set aside the verdict and for a new trial.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, AND PERADOTTO, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Same Memorandum as in People v Scerbo ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2009]).

20090206

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