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PEOPLE v. RYAN

168 Misc.2d 961 (1996)

640 N.Y.S.2d 978

The People of the State of New York, Plaintiff, v. Robert Ryan, Also Known as Keith Kittredge, Defendant.

Supreme Court, Kings County.

March 12, 1996

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (David Babner of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, for plaintiff.

JOEL M. GOLDBERG, J.

THE ISSUE

The issue to be decided is whether a court more than one year after sentencing a defendant has the inherent power to vacate an illegal sentence where the defendant was illegally sentenced as a first-time felony offender as a direct result of his fraud and misrepresentation of his name and criminal record.

THE FACTS

On October 31, 1994, the defendant...

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