The People v. Rolando Herrera
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 144 SSM 8 The People &c., Respondent, v. Rolando Herrera, Appellant. Submitted by Matthew Caldwell, for appellant. Submitted by Stanley Kaplan, for respondent. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed (see People v Fernandez, __ NY3d __ [decided today]). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez (__ NY3d __ [decided today]). Decided May 5, 2011
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