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THE PEOPLE, etc., respondent, v. CHRISTOPHER DUDLEY, appellant. (Ind. No. 2606/96)

DECISION ORDER

ORDERED that the judgment is reversed, on the law, and a new trial is ordered.

The trial court erred in failing to sanction the People for their failure to provide the defendant with his arrest photograph ( see, CPL 240.20[d]). The failure to provide the photograph prejudiced the defendant and warrants reversal ( People v. DaGata, 86 N.Y.2d 40; see also, People v. Cobb, 104 A.D.2d 656).

In light of our determination we need not reach the defendant's remaining contention.

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.

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PEOPLE v. DUDLEY
(Jan 27, 2000)