PEOPLE v. DENNIS

2010-00952.

84 A.D.3d 834 (2011)

921 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE DENNIS, Appellant.

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

Decided May 3, 2011.


Ordered that the order is affirmed.

Contrary to the People's contention, while a person's status as a parole violator may be relevant in determining whether "substantial justice dictates that the application should be denied" on the merits (L 2004, ch 738, § 23; see CPL 440.46 [3]), the defendant's status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to CPL...

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