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PEOPLE v. JOHNSON

2010-07367.

83 A.D.3d 734 (2011)

919 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WATURI JOHNSON, Appellant.

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

Decided April 5, 2011.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the defendant's motion.

For the reasons stated in People v Phillips (82 A.D.3d 1011 [2d Dept 2011]), the defendant's status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to CPL 440.46. Accordingly, we remit the matter to the Supreme...

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