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PEOPLE v. BARBER

46 A.D.3d 359 (2007)

846 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BARBER, Appellant.

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

Decided December 18, 2007.

The court properly determined that defendant was ineligible for resentencing (see Correction Law § 851 [2], [2-b]), and that even if he were eligible, substantial justice would dictate the denial of his application (see e.g. People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]). We have considered and rejected defendant's remaining...

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