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Supreme Court, Nassau County, February 19, 2004
APPEARANCES OF COUNSEL
Samuel E. Reiff, Garden City, for defendant. Denis E. Dillon, District Attorney, Mineola (Jodi Danzig of counsel), for plaintiff.
{**3 Misc 3d at 380} OPINION OF THE COURT
Victor M. Ort, J.
{**3 Misc 3d at 381}This is an application pursuant to CPL 440.10 to vacate a judgment of conviction upon the ground of ineffective assistance of counsel. On August 28, 2003, defendant was convicted upon his plea of guilty to the crimes of aggravated harassment in the second degree and
aggravated harassment in the second degree as a hate crime.[FN1] On October 24, 2003, defendant
was sentenced to eight weekends at the Nassau County Jail and five years' probation on the hate crime charge and three years of concurrent probation for the aggravated harassment.[FN2] Prior to the entry of his guilty plea, defendant moved to dismiss the indictment upon the ground that the conduct alleged in the indictment did not constitute the crime of aggravated harassment in the second degree. The motion to dismiss was denied by the court in a decision dated June 12, 2003.
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