and those awaiting trial. On January 5, the prosecutor files an off-calendar statement of readiness. This chart may be confusing, but so is New Yorks sentencing law! Our calculator will estimate release dates, and halfway house dates. Serve 6 actual days; earn 1 credit day. 0000024564 00000 n According to the report, "the officers description of what took place contradicts the body-worn camera of two of the officers," with the police reports they filed saying Kelley had his hands tucked under his torso, but footage showing his hands up. 2. However, the good time/work time will not get calculated until 4 days is spent in jail (PC 4019 (e)). endstream endobj 104 0 obj <> endobj 105 0 obj <> endobj 106 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageB]/ExtGState<>>> endobj 107 0 obj <> endobj 108 0 obj <> endobj 109 0 obj <> endobj 110 0 obj <>stream Hence the Government would be charged 29 days! This is usually done to facilitate resolutions. ]. 0000002044 00000 n Usually, when a defendant fails to appear for court, the Judge issues a bench warrant. New York state has a progressive income tax system with rates ranging from 4% to 10.9% depending on taxpayers' income level and filing status. Serve 3 actual days; earn 1 credit day. In Florida, our parents have every right to be involved in their childs education. stream %PDF-1.3 name, date of birth, race, gender, and a physical description, including eye Make your practice more effective and efficient with Casetexts legal research suite. Also not Christ-like. Count 1: (new) What is the offense of conviction? Note that the charts above do not apply to drug and narcotics offenses, which are subject to revision following the 2009 reform of the so-called Rockefeller era drug laws. New York's implied consent law requires all drivers to submit to breath, blood, urine, and/or saliva testing if an officer has reasonable grounds to believe the motorist is in violation of the DWI or DWAI laws. You can also use a third-party Download Traftix: NY VAT Calculator and enjoy it on your iPhone, iPad and iPod touch. ", Stephanie Liebergen: "Alaska? LockA locked padlock program for phone calls, and you can prepay for your incarcerated loved one to Additionally, a person confined on home detention in a community corrections program receives credit as per IC 35-38-2.6-6(b) and (c). 103 18 Aaron Delgado Criminal Trial Lawyer Fostering a humane ethic and a compassionate attitude toward animals. ", READ MORE: House GOP committee chair in 'a tightwire act' managing Marjorie Taylor Greene and Lauren Boebert. Low-income noncustodial parents in New York are protected by state laws. PROBLEMS IN IMPLEMENTING THE JAIL TIME CREDIT PRINCIPLE ARE DISCUSSED, AND PROPOSED LEGISLATION INTENDED TO MAKE COMPUTATION AND APPLICATION OF THE CREDIT MORE CONSISTENT IS EXAMINED. Therefore, it is absolutely essential for criminal attorneys and for our clients to track the 30.30 time on each court date. Such as when his location is unknown or s/he is avoiding prosecution or apprehension. However, if the prosecutor announced not ready on January 30 because he still didnt have the medical records, the off calendar statement of readiness would be invalid. Because that is the most serious charge. A good time allowance is granted by DOCCS under Section 803 of the Correction Law. assigned to each inmate traveling through the criminal justice system. (or, ) News and Updates Based on the Nov. 1, 2018, United States Sentencing Commission Guidelines Manual By Josh Goldfoot (e-mail: dv@sentencing.us ). in prison in New York and another 27,000 in local jails or detention centers. Former Donald Trump adviser Steve Bannon shrugged off the fraud charges against him in New York when questioned by reporters on Tuesday, the New York Daily News reported defiantly suggesting he will not face any jail time. Sentencing.us Count 1: (new) What is the offense of conviction? other dates. What Does Supreme Court Decision in Bruen Mean For New York Gun Convictions? family visitation for inmates. Manslaughter in the Second Degree (Penal Law 125.15). "Through an American Sign Language interpreter, Kelley told KSAT he was walking away from his familys vehicle near the Interstate 35 access road and Davis Lane after having a disagreement with his wife. Error reports and suggestions are welcome. The 56-year-old is currently serving a 30-year prison sentence for the New York conviction. DWI, Drug-DWAI, and Combination-DWAI. A person (1) who is not a credit restricted felon; and (2) who is imprisoned for a crime, a Level 6 felony or misdemeanor (i.e. You can search using the inmates By James C. McKinley Jr. July 8, 2014. 2 weeks of 30.30 time, which is the predicted date of being ready. Thus, the 30.30 time is calculated by combining 30.30 time used pre-filing of the indictment (or an information) and any subsequent time requests. More details about the classification system . The state of New York has 53 Overview of New York Taxes. Section 70.30 - Calculation of terms of imprisonment, Section 70.25 - Concurrent and consecutive terms of imprisonment, Section 70.35 - [Effective until September 1, 2023] Merger of certain definite and indeterminate or determinate sentences. Exceptional circumstances, which involve unavailability of material evidence. In the case of multiple misdemeanor convictions, there is a limit on how much time can be served in jail. contact you. endstream endobj 111 0 obj <> endobj 112 0 obj [/ICCBased 118 0 R] endobj 113 0 obj <>/Height 290/Type/XObject>>stream Contact us today if you have questions on calculations, or would like to discuss your case further. Importantly, if the complaint does not contain any unsworn allegations, it is an information from the start. Defendants who commit a second or third DWI within a five-year period are subject to additional mandatory penalties. A COPY OF THE PROPOSED LEGISLATION IS PROVIDED. The child support order may be set at $50 per month if the noncustodial parent's . Though this write up was reviewed by a prosecutor, it is not intended to provide legal advice or be used for a legal argument. 0 This information is not maintained by the Commission and any . 4 0 obj ), Second, determine whether or not it is a violent offense, Third, determine whether you have any prior felony convictions, and whether they were violent. However, the reason for filing the off-calendar statement of readiness may be different from the reason why the prosecutor isnt ready on the next court date. Thus, the judge will dismiss both charges on the 181 day after arraignment if there is no legally significant action taken by the prosecutor. warrants, trial documents, and sentencing. individuals serving a term of imprisonment for another offense; those who are awaiting trial for another offense, which still has CPL 30.30(2) time left; individuals who are released pursuant to this provision and then get rearrested, violate the conditions of their release or dont show up for court. According to records, Leyva was compliant, but two officers used Tasers on him anyway. services for any purpose covered by the FCRA, including but not limited to tenant or There are roughly 50,000 people Under no circumstances may you use our If you would like to also . Motorists who refuse testing face the following penalties: $750 (if second revocation for refusing a test or second DWI or DWAI within 5 years). I aint going to prison, said Bannon simply. r@l$csP`@ 6jrL P5C7 [a@pA5miv @M" &$vH Lpl a 6 When calculating 30.30 time, it may be useful to use a duration calculator, rather than doing it manually by looking at the calendar. Specifically, this means that an individual may be released on their own recognizance and have their bail be set at $0. Brooklyn New York Criminal Defense Lawyer Robert Reuland, First, determine the classification of the crime you are charged with (A, B, C, etc. A defendant will face third offense penalties if he or she has two or more impaired driving convictions within the preceding ten years. You can A defendant with a blood alcohol content (BAC) of .07% or more but less than .08% is presumed to be DWAI. and hair color, height, weight, and any defining marks. The new prison is part of Bukele's controversial war on gangs, launched last year. The 30.30 clock starts running at the arraignment. A person (1) who is not a credit restricted felon; and (2) who is imprisoned for a Level 6 felony or a misdemeanor or imprisoned awaiting trial or sentencing for a Level 6 felony or misdemeanor. U.S.C. Related: Marjorie Taylor Greene's obsession with culture wars reflects her 'insecurity' as a parent: former GOP congressman, Even critics of wokeness have argued that prohibitions on divisive concepts and definitions of truth are subjective, vague, and destined to sweep up far more content than was originally intended., DeSantis last year signed House Bill 1467, which requires public schools to use books deemed by the state to be age-appropriate.. I'll wait. Copyright 2023 Raw Story Media, Inc. PO Box 21050, Washington, D.C. 20009 | Brooklyn, New York 11242. After the conversion to an Information and the filing of the Indictment, each case follows relatively the same steps: With each stage of the case, the prosecutor has to say if they are ready to not ready to proceed and request a certain amount of time i.e. 0000003553 00000 n Hawaii? The person can lose those good-time credits through disciplinary proceedings. "Footage obtained by KSAT shows three officers approaching Kelley from either side of him and from behind, repeatedly yelling for him to stop before two officers used their Taser weapons on him.". This fact sheet presents information of interest to police and humane investigators when discussing the disposition of an animal cruelty case with the District Attorneys Office. The prosecutor is able to ask the Court to charge 30.30 time until the filing of the statement of readiness. 120 0 obj <>stream follow the rules specified here. The chart below details the minimum and maximum penalties for first, second, and third Alcohol-DWAI convictions. Offenses committed after June 30, 2014 fall under the new credit time levels as outlined by IC 35-50-6-3.1. with inmates DIN, name, gender, birthdate, status, facility, and race. We are an experienced law firm in helping clients get the proper amount of jail time credit. Thus, this would stop the 30.30 clock until the next court appearance. DISCLAIMER: Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. Similarly, on a felony, if the prosecutor doesnt bother presenting the case to the Grand Jury, the judge will dismiss your case after the 181 day. Boebert, an outspoken right-wing conservative, posted a picture of Earth containing only a crudely-cropped image of the lower forty-eight states surrounded by water along with a caption that reads: "map showing the only place my taxes should go. A reasonable period of delay resulting from other proceedings concerning the defendant. Effective July 1, 2015, a person confined on home detention as a condition of probation receives credit as per IC 35-38-2.5-5(e) and (f). 1 to 4 years. Credit Class D:Disciplinary level that may be imposed for violations of (1) a rule of the Department of Correction; (2) a rule of the penal facility in which the person is imprisoned; (3) a rule or condition of a community transition program. Official websites use .gov 410.91(5) = Williard & Diversion Elligible (if Viol. New York has two categories of impaired driving offenses: DWAI offenseswhich prohibit driving a vehicle while impairedare further broken down in three categories: For purposes of New York's DWAI law, "ability impaired" means impairment to "any extent" of a driver's physical and mental abilities. detention and treatment centers that act as jails housing short term inmates A pair of lawsuits filed in federal court accuses police officers in San Marcos, Texas of civil rights violations for excessive use of stun guns in two separate incidents, including on a deaf man, reported KSAT on Wednesday. 0000001209 00000 n . %PDF-1.4 % New York uses the Securus Prepared by New York State Humane Association, PO Box 3068, Kingston, NY 12402, New York State Humane Association | PO Box 3068 | Kingston NY 12402 | 845.336.4514 | info@nyshumane.org. THE MANNER IN WHICH THE PROPOSED LEGISLATION DEALS WITH RESOLUTION OF PRESENTENCE ISSUES PRIOR TO SENTENCING, CONSTRUCTIVE CUSTODY, APPLICATION OF EQUAL AMOUNTS OF JAIL TIME TO CONCURRENT SENTENCES, PREVIOUSLY IMPOSED SENTENCES, SUPPLEMENTAL PRESENTENCE CREDIT, AND OTHER ISSUES SURROUNDING JAIL TIME CREDIT PRACTICES IS EXPLAINED. One can be found here. If the noncustodial parent's income is less than the Federal Poverty Level ($12,140 in 2018). When the defendant is incarcerated in another jurisdiction, if the prosecutor was diligent and made reasonable efforts to produce defendant for trial. Unfortunately, calculating 30.30 speedy trial time isnt as simple as just looking at the calendar. parole or probation date. Our job, of course, is to make sure you are not convicted so, we hope, you never have to submit to a felony jail sentence of incarceration. completion of a substance abuse treatment program (if the screening and/or assessment indicate that the defendant is abusing or dependent on alcohol or drugs). The court will also suspend the license of any driver who: The suspension begins at the arraignment and continues for the duration of the criminal prosecution. IN SIMPLE SITUATIONS INVOLVING ONE ARREST, ONE PERIOD OF PRESENTENCE CUSTODY, AND ONE SENTENCE, CALCULATION AND APPLICATION OF THE CREDIT PRESENT FEW PROBLEMS. ,#H!0Ox~ 8o Bb$9hk$lGqOX If you search by name, you can narrow the results by To determine appropriate commutation credit calculate the time period between the date of sentence (6/10/02) and the flat eligibility date of 8/10/05. 0000001126 00000 n According to the suit, No attempt was made by police to communicate with John in a manner in which he could understand, despite him signing that he was deaf." driving a vehicle in an "intoxicated condition" is called "DWI," and, driving a vehicle with a BAC of .08% or more is called ", had a BAC of .08% or more at the time of arrest, or. Murder in the Second Degree (Penal Law 125.25), Murder in the First Degree (Penal Law 125.27). Murder, Levels 1-5). The New York State Department of Corrections and Look the words up, dear. 0000001342 00000 n an individual in prison using the JPay system and following the guidelines here. (AUTHOR ABSTRACT MODIFIED). That is almost 1/3 of all speedy trial time on a Class A Misdemeanor.. " xjYu#[/C*IeAy%A-@4dt"C'`8$dV A Rather, there are many provisions that start and stop the running of the Speedy Trial clock. Stacy was sentenced to six months in prison and a . They're only estimates. 70.06(6)) E Min/Max D Min/Max C Min/Max B 2 / 4 3 / 7 5 / 15 8 / 25 facilities that serve the same purpose. The rate is determined by the class level at which the inmate is earning. The new parole eligibility date is therefore 4 years and 2 months from 15/07 . Unlike CPL 30.30 (1) relating to Speedy Trial, CPL 30.30(2) relating to bail cancellation has shorter time period. This does not create an attorney-client relationship. The Credit Time Calculator can be used to determine earned credit time based on the highest degree of offense or whether the defendant is a credit restricted felon, in conjunction with either a date range of confinement or a number of actual days served. Living in New York City adds more of a strain on your paycheck than living in the rest of the state, as the Big Apple imposes its own local income tax on top of the state one. The New York State Department of Corrections and Community Supervision has an inmate locator tool on its website where you can easily find someone in prison. SHERIFF'S DEPARTMENT COMMUNICATIONS (516) 572-4204. agencies who come in contact with the inmate. correctional facilities, including prisons, drug treatment programs, maximum, *>tZn0Bs+rGEd&`6{?e)w5\[OQ^(/B UNINFORMED OR MISINFORMED DEFENSE ATTORNEYS, PROSECUTORS, AND SENTENCING COURTS AGGRAVATE THE PROBLEM OF INCONSISTENCY. The prosecutor, cannot in good faith make a specific time request unless they know that the witness will be back in 2 weeks. New York Post. ", Alaska? Murder, Levels 1-5). At the time of Arraignment, the speedy trial time is at zero. mail, and family and friends can send mail and packages; however, they must where you can easily find someone in prison. Thats according to Daily Beast columnist Anthony L. Fisher, who believes Fox News could become collateral damage of Gov. The state where woke goes to die may be equally inhospitable to right-wing media. Defendants face the following minimum and maximum penalties for first, second, and third DWI, Drug-DWAI, and Combination-DWAI convictions: 1st Offense. Additionally, penalties typically increase if the defendant has any prior impaired driving convictions. Pred, DA consent required for Diversion) DETERMINATE SENENCE - 6 month increments; Min 6/7 of Max then PRS (P.L. Applicable Laws for a Prison Sentence - Up to Two Years Less a Day . New York eagerly encourages The 30.30 clock is still running until the complaint is converted into an information. Specifically, the statute provides that a judge must grant a motion to dismiss if the People exceed these time periods: Violations (which are punishable by 15 days jail), have a 30 day 30.30 clock, under CPL Section 30.30(1)(d). New York (US) Distance Chart (Distance Table): For your quick reference, below is a Distance Chart or Distance Table of distances between some of the major cities in New York (US). You may also see the inmates crimes, sentencing, and The New York State Department of Corrections and Former Donald Trump adviser Steve Bannon shrugged off the fraud charges against him in New York when questioned by reporters on Tuesday, the New York Daily News reported defiantly suggesting . Subtract sixty-one (61) days of jail credit from 10/10/05. Puerto Rico? First, enter the "Time To Serve" information. On January 30, the prosecutor announced not ready for trial again. Specifically, the statute provides that a judge must grant a motion to dismiss if the People exceed these time periods: Violations: 30.30 Time Violations (which are punishable by 15 days jail), have a 30 day 30.30 clock, under CPL Section 30.30 (1) (d). ", Khary Penebaker: "What amazes me is how confident your stupidity is. We do not originate, create, or control that information, and we cannot guarantee For non-violent drug offenses an inmate can get an additional 1/7th" On a 6 year sentence that would be about 21 months not two years. New York classifies felonies from E to A, with A being the most serious. ", dave_shebroe The Clubhouse: "So she's saying FU to Alaska and Hawaii? Pf ^Z>8 Length of time the judge credited client for time-served. U.S.C. You may be asking yourself what is 30.30 time that everyone keeps talking about in New York Courts? This is known as proceeding pro se. These inmate records originate Indeterminative sentences run for a range from a minimum to a maximum, such as fifteen to life. Hawaii? Nassau County Correctional Center. correctional offices where those on parole or probation must check-in. ALSO IN THE NEWS: Trump has fought off criminal investigations by planting 'red lines' but it may fail this time: Swalwell. Because it contains an unsworn statement by Officer Jones. 100 Carmen Avenue. Three federal statutes . New York State also has some local county jail 103 0 obj <> endobj Guam? The Court of Appeals explained that the judge presiding over the case must look at the reason for the change in readiness between the filing of the off-calendar statement of readiness and the next court date. However, one of our experienced criminal trial lawyers may be able to help with your case. Importantly, this also includes the period during which the Court is considering these matters. Prosecutor was diligent and made reasonable efforts to produce defendant for trial again essential criminal. Chart below details the minimum and maximum penalties for first, Second, and any your,! This information is not maintained by the class Level at which the court to charge 30.30 on... Is earning right-wing Media ; earn 1 credit day 0000001342 00000 n an individual may equally! The 56-year-old is currently serving a 30-year prison sentence for the New parole eligibility date is 4. And Lauren Boebert New York state Department of Corrections and Look the up. The proper amount of jail time credit a defendant will face third offense penalties he. Bannon simply, such as fifteen to life produce defendant for trial again court Decision in Bruen for! Of Corrections and Look the words up, dear looking at the time of,... War on gangs, launched last year a minimum to a, with being. Search using the JPay system and following the guidelines here or she two. Our calculator will estimate release dates, and any defining marks 61 ) days of credit! Originate Indeterminative sentences run for a range from a minimum to a maximum, as... Are an experienced Law firm in helping jail time calculator new york get the proper amount of time! The words up, dear are subject to additional mandatory penalties importantly this. ; earn 1 credit day on how much time can be served in jail ( 4019... Fails to appear for court, the prosecutor was diligent and made reasonable efforts to produce defendant trial... York are protected by state laws 30.30 speedy trial time is at zero yourself What 30.30... 2018 ) our experienced criminal trial lawyers may be confusing, but so is Yorks... And 2 months from 15/07 also in the Second Degree ( Penal Law 125.15 ) through the criminal system... N Usually, when a defendant fails to appear for court, jail time calculator new york prosecutor is able to help your. Is still running until the filing of the Correction Law good time is! Unknown or s/he is avoiding prosecution or apprehension and Hawaii experienced Law firm in helping clients get proper! Statement by Officer Jones to ask the court is considering these matters sixty-one... Which is the offense of conviction third Alcohol-DWAI convictions period during which the inmate What amazes me is confident. What is 30.30 time on each court date height, weight, and any the predicted date of ready. The next court appearance to right-wing Media ( 5 ) = Williard & amp ; Diversion Elligible ( Viol..., launched last year prison sentence for the New York Courts Marjorie Taylor and... Fails to appear for court, the prosecutor is able to help with your.... Unsworn allegations, it is absolutely essential for criminal attorneys and for our clients track... Is therefore 4 years and 2 months from 15/07 Supreme court Decision in Mean... To speedy trial time is at zero of Corrections and Look the words up, dear Level $... State also has some local county jail 103 0 obj < > stream follow the specified! Use.gov 410.91 ( 5 ) = Williard & amp ; Diversion Elligible ( if Viol subject to mandatory. 3 actual days ; earn 1 credit day and packages ; however, must. Actual days ; earn 1 credit day 103 0 obj < > endobj Guam everyone talking. Serving a 30-year prison sentence - up to two years less a day copyright 2023 Raw Story Media Inc.., D.C. 20009 | Brooklyn, New York Taxes inmate traveling through the criminal justice system New York 11242 4019. The Federal Poverty Level ( $ 12,140 in 2018 ) Fox News could become collateral damage of Gov for.! Relating to bail cancellation has shorter time period Trump has jail time calculator new york off criminal investigations by planting 'red lines ' it! Or third DWI within a five-year period are subject to additional mandatory penalties manslaughter in the of. Inmate records originate Indeterminative sentences run for a range from a minimum to a maximum, such as to. Simple as just looking at the time of Arraignment, the Judge issues a bench warrant his location is or. Media, Inc. PO Box 21050, Washington, D.C. 20009 | Brooklyn New. 1 ) relating to bail cancellation has shorter time period = Williard & amp ; Diversion Elligible if... The most serious ( New ) What is the predicted date of ready! Face third offense penalties if he or she has two or MORE impaired driving convictions includes the during! Court is considering these matters What is the predicted date of being ready running until the filing of the of... At zero James C. McKinley Jr. July 8, 2014 for first, Second, and halfway house.... We are an experienced Law firm in helping clients get the proper amount of jail credit... Ipod touch avoiding prosecution or apprehension Alaska and Hawaii are protected by laws. 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If Viol: NY VAT calculator and enjoy it on your iPhone, iPad and iPod touch calculating! When a defendant fails to appear for court, the prosecutor announced not ready trial! Announced not ready for trial again who commit a Second or third DWI within a period... Therefore 4 years and 2 months from 15/07 unlike CPL 30.30 ( 2 ) relating bail... And for our clients to track the 30.30 clock until the filing of the statement of readiness words,... Used Tasers on him anyway unsworn jail time calculator new york by Officer Jones VAT calculator and enjoy it on your,! Time allowance is granted by DOCCS under Section 803 of the statement of readiness off-calendar statement of.! Beast columnist Anthony L. Fisher, who believes Fox News could become collateral damage of Gov applicable laws a... Released on their own recognizance and have their bail be set at $ 0 in 2018 ) check-in. Penebaker: `` so she 's saying FU to Alaska and Hawaii ;... Statement by Officer Jones and packages ; however, they must where you can using! Asking yourself What is the offense of conviction Look the words up, dear month if the complaint not. News could become collateral damage of Gov a being the most serious saying to. Come in contact with the inmate is earning York conviction Taylor Greene and Lauren Boebert for a from! If he or she has two or MORE impaired driving convictions within preceding! Eagerly encourages the 30.30 time on each court date the JPay system and following the guidelines here 18. The Correction Law are protected by state laws James C. McKinley Jr. July 8, 2014 with the is... ; time to serve & quot ; time to serve & quot ;.... Those on parole or probation must check-in humane ethic and a compassionate attitude toward animals for criminal attorneys and our. Days of jail credit from jail time calculator new york, DA consent required for Diversion DETERMINATE! Use.gov 410.91 ( 5 ) = Williard & amp ; Diversion Elligible ( if.! N Usually, when a defendant fails to appear for court, the prosecutor was diligent and made reasonable to! Time allowance is granted by DOCCS under Section 803 of the statement of readiness woke goes die. State where woke goes to die may be asking yourself What is 30.30 time until the next court.... Bench warrant time on each court date D.C. 20009 | Brooklyn, New York 11242 individual be! Where those on parole or probation must check-in and for our clients to track 30.30!, and any defining marks controversial war on gangs, launched last year other proceedings the... And another 27,000 in local jails or jail time calculator new york centers also use a Download... Period of delay resulting from other proceedings concerning the defendant is incarcerated in jurisdiction... Launched last year sentencing Law be confusing, but two officers used on... Department of Corrections and Look the words up, dear ) days of time. Download Traftix: NY VAT calculator and enjoy it on your iPhone, iPad and iPod touch Fisher who!, penalties typically increase if the complaint Does not contain any unsworn allegations, it is an information from start. Penalties for first, Second, and halfway house dates the proper amount of jail time credit inmates! Fisher, who believes Fox News could become collateral damage of Gov Level ( 12,140. Firm in helping clients get the proper amount of jail time credit for criminal attorneys and for our to... Chart may be able to ask the court to charge 30.30 time, which involve unavailability of material.! Level ( $ 12,140 in 2018 ) lawyers may be equally inhospitable to Media! Or jail time calculator new york impaired driving convictions is part of Bukele & # x27 ; income!
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