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PEOPLE v. DUDLEY
Appellate Division of the Supreme Court of New York, Second Department.
Jan 27, 2000
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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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