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PEOPLE v. NEWTON

48 A.D.3d 115 (2007)

847 N.Y.S.2d 645

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAKEESE NEWTON, Appellant.

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

December 18, 2007.

Attorney(s) appearing for the Case

Diane E. Selker, Peekskill, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Argiro Kosmetatos and Elana L. Yeger of counsel), for respondent.

SPOLZINO, J.P., DILLON and McCARTHY JJ. concur.

OPINION OF THE COURT

SKELOS, J.

By judgment rendered October 2, 2003, the defendant was convicted of criminal possession of a controlled substance in the second degree (see Penal Law § 220.18 [1]), a class A-II felony, upon his plea of guilty, and was sentenced as a second felony offender to an indeterminate term of imprisonment of six years to life. By application for resentencing dated October 26, 2005, the defendant sought to be resentenced...

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