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PEOPLE v. ROOSEVELT

4089, 1512/03.

80 A.D.3d 517 (2011)

914 N.Y.S.2d 635

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ROOSEVELT, Appellant.

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

Decided January 20, 2011.

Defendant incurred serious disciplinary infractions while incarcerated and was therefore ineligible to earn merit time under Correction Law § 803 (1) (d). Accordingly, he is not eligible for resentencing under the DLRA (see People v Paniagua, 45 A.D.3d 98 [2007], lv denied 9 N.Y.3d 992 [2007]). In any event, the record supports the court's conclusion that substantial...

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