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The People of the State of New York v. Stacey R. Castor

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


October 5, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
STACEY R. CASTOR,
DEFENDANT-APPELLANT. (APPEAL NO. 2.)

People v Castor

Appellate Division, Fourth Department

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.

Decided on October 5, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND PERADOTTO, JJ.

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Onondaga County Court (Joseph E. Fahey, J.), dated August 12, 2010. The order denied the motion of defendant pursuant to CPL 440.10 seeking to vacate the judgment convicting her of murder in the second degree, attempted murder in the second degree and offering a false instrument for filing in the first degree.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for a hearing on the motion in accordance with the same Memorandum as in People v Castor ([appeal No. 1] ___ AD3d ___ [Oct. 5, 2012]).

Entered: October 5, 2012

Frances E. Cafarell Clerk of the Court

20121005

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