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PEOPLE v. HILL

KA 10-01905.

82 A.D.3d 77 (2011)

916 N.Y.S.2d 710

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIE A. HILL, JR., Respondent.

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

Decided February 18, 2011.

Attorney(s) appearing for the Case

William J. Fitzpatrick , District Attorney, Syracuse ( Victoria M. White of counsel), for appellant.

Linda Gehron , Syracuse, for respondent.

CARNI, SCONIERS, GREEN and GORSKI, JJ., concur.

OPINION OF THE COURT

SMITH, J.P.

This appeal concerns the proper method of calculating whether a defendant is eligible for resentencing pursuant to CPL 440.46. As relevant here, in 1994 defendant was convicted of assault in the first degree (Penal Law § 120.10),* a violent felony offense (Penal Law § 70.02 [1] [a]), for acts that were committed in 1994, and he was sentenced to an indeterminate term of incarceration...

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