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PEOPLE v. ORTIZ

3640, 560/05.

78 A.D.3d 534 (2010)

910 N.Y.S.2d 647

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CELESTE ORTIZ, Appellant.

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

Decided November 18, 2010.

The court granted defendant's CPL 440.46 application to reduce her sentence for her conviction of third-degree criminal sale of a controlled substance, and imposed the minimum sentence permitted by law. Defendant requests this Court to modify her determinate sentence in the interest of justice to a one-year definite sentence of imprisonment, which would not require postrelease supervision. Defendant maintains that CPL 440.46 should...

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