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PEOPLE v. BROWNING

2010-01972.

84 A.D.3d 1263 (2011)

923 N.Y.S.2d 350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY BROWNING, Appellant.

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

Decided May 24, 2011.

Ordered that the order is affirmed.

Contrary to the People's contention, the defendant's release from imprisonment while his motion for resentencing pursuant to CPL 440.46 was pending does not render this appeal academic (see People v Overton, ___ AD3d ___, 2011 NY Slip Op 04278 [2d Dept 2011]).

However, the Supreme Court providently exercised its discretion in denying the defendant's motion for resentencing on substantial justice grounds. The defendant...

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