Defendant moves to set aside his sentence pursuant to CPL 440.20 and to be resentenced on the ground that it was illegally imposed as a result of section 70.00 of the Penal Law being amended prior to imposition of the sentence.
On March 4, 1980 the defendant pleaded guilty to the crime of grand larceny in the third degree, a class E felony and on April 8, 1981, over a year later, was sentenced to serve an indeterminate term...
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