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PEOPLE v. MURRAY

2010-02905.

82 A.D.3d 794 (2011)

917 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MURRAY, Appellant.

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

Decided March 1, 2011.

Ordered that the order is affirmed insofar as appealed from.

In 2003 the defendant pleaded guilty to conspiracy in the second degree (Penal Law § 105.15) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and was sentenced to concurrent indeterminate terms of imprisonment. The crimes arose from the same general set of circumstances. In 2009, the defendant moved for resentencing on both convictions pursuant to CPL 440...

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