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PEOPLE v. GARCIA

5161, 1417/02.

84 A.D.3d 645 (2011)

923 N.Y.S.2d 324

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GARCIA, Appellant.

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

Decided May 26, 2011.

Defendant was released on parole shortly after he filed his resentencing motion. Accordingly, the court correctly determined that defendant had lost his eligibility for resentencing, and denied the motion on that basis (see CPL 440.46 [1]; see also People v Orta, 73 A.D.3d 452 [2010], lv denied 15 N.Y.3d 755 [2010]). "The purpose of the...

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