It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant sought leave to appeal from an order denying his motion pursuant to CPL 440.20 to set aside the sentence, and leave was granted. In support of his motion, defendant alleged that he was denied due process because he was sentenced based upon materially untrue information in the presentence report. "Generally, as a matter of due process,...
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