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PEOPLE v. BROWN

2010-04113.

84 A.D.3d 1262 (2011)

923 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW BROWN, Respondent.

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

Decided May 24, 2011.

Ordered that the resentence is affirmed.

Contrary to the People's contention, the defendant's status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to CPL 440.46 (see People v Johnson, 83 A.D.3d 734 [2d Dept 2011]; People v Phillips, 82 A.D.3d 1011 [2011], lv granted ...

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