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PEOPLE v. VILLAR

48 A.D.3d 282 (2008)

849 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY VILLAR, Appellant.

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

Decided February 14, 2008.

In denying the resentencing application, the court held that eligibility is based on the prison time remaining for the crime for which resentencing is being sought, without regard to any other sentences the prisoner is simultaneously serving. As the People concede, defendant is eligible for resentencing under People v Paniagua (45 A.D.3d 98 [2007], lv denied 9 N.Y.3d 992 [2007]), where this Court held that eligibility is based...

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