Prior to the sentencing of this defendant, counsel requested that the sentence mandated by statute not be applied. The issue was fully briefed to the court by both defense counsel and the District Attorney. The court ruled in favor of the defendant. The People did not file a notice of appeal. Well after the time to file a notice of appeal had passed, the District Attorney made a motion, pursuant to CPL 440.40, to set aside the sentence on the ground that it was invalid as...
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