PEOPLE v. BARNES

2010-02904.

95 A.D.3d 1029 (2012)

943 N.Y.S.2d 753

2012 NY Slip Op 3657

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BARNES, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2012.


Ordered that the order is affirmed.

As correctly conceded by the People, the Supreme Court erroneously concluded that the defendant's status as a reincarcerated parole violator rendered him ineligible to apply for resentencing pursuant to CPL 440.46 (see People v Paulin, 17 N.Y.3d 238, 241-242 [2011]). However, in light of the defendant's extensive criminal history, his history...

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