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PEOPLE v. HERNANDEZ FLORES

46 A.D.3d 302 (2007)

846 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE HERNANDEZ FLORES, Appellant.

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

Decided December 11, 2007.

The court correctly denied defendant's motion since he was less than three years from his parole eligibility date when he filed the motion (see People v Bautista, 26 A.D.3d 230 [2006], appeal dismissed 7 N.Y.3d 838 [2006]). Since defendant was clearly ineligible, as a matter of law, for resentencing, there was no reason for the court to assign counsel or conduct a hearing (see People...

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