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PEOPLE v. VASQUEZ

2963, 4040/07.

74 A.D.3d 462 (2010)

903 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS VASQUEZ, Appellant.

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

Decided June 3, 2010.

After denying defendant's CPL 420.10 (5) application for resentencing, made on the ground of inability to pay restitution, the court properly revoked defendant's probation and imposed a prison sentence based on his undisputed failure to comply with the restitution condition of his probation. Initially, we note that a denial of a CPL 420.10 (5) resentencing application is not appealable (People v Frederick, 

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