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PEOPLE v. PIPKIN

2010-00025.

77 A.D.3d 770 (2010)

908 N.Y.S.2d 594

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

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

Decided October 12, 2010.

Ordered that the order is affirmed.

The Supreme Court providently exercised its discretion in denying, on substantial justice grounds, the defendant's motion for resentencing pursuant to CPL 440.46 (see CPL 440.46 [3]; see also L 2004, ch 738, § 23). The defendant had been convicted of two prior violent felonies, and during his approximately 10-year incarceration on the instant offense, he received disciplinary...

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