PEOPLE v. MORENO


58 A.D.3d 643 (2009)

871 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD MORENO, Appellant.

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

January 13, 2009.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new determination on the motion, in accordance herewith.

In 1997 the defendant was convicted of, inter alia, criminal possession of a controlled substance in the first degree, a class A-I felony, and was sentenced for that offense to an indeterminate term of imprisonment of 25 years to life. In October 2005 the defendant moved, through counsel, for...

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