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PEOPLE v. CAGLE

4170, 4232/00.

81 A.D.3d 425 (2011)

916 N.Y.S.2d 769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CAGLE, Appellant.

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

Decided February 1, 2011.

In denying defendant's application made under the 2005 DRLA, the court correctly found that he was ineligible for resentencing on his second-degree conspiracy conviction because, regardless of the drug-related nature of the underlying conduct, he was not convicted of an offense defined in article 220 of the Penal Law (see People v Caba, 49 A.D.3d 380 [2008], lv denied 10 N.Y.3d 957 [2008]; People v Anonymous,...

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