The defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391 [2010]). Balkin, J.P., Lott, Austin and Miller, JJ., concur.
The People of the State of New York, Plaintiff, v. Tyre Brooks, Defendant
113 A.D.3d 631977 N.Y.S.2d 919
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