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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBIN R. HOWARD, Appellant.

Ordered that the judgment is affirmed (see, People v. Brown, 146 A.D.2d 582), and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5). Mangano, J.P., Thompson, Kunzeman and Eiber, JJ., concur.

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PEOPLE v. HOWARD
(Mar 13, 1989)