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PEOPLE v. CROSBY

2010-07540.

84 A.D.3d 1264 (2011)

923 N.Y.S.2d 351

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PERRY CROSBY, 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 Supreme Court correctly measured the 10-year "look-back" period of CPL 440.46 (5) (a) from the date of the defendant's resentencing motion, rather than from the date he committed the present drug felonies (see People v Lashley, 83 A.D.3d 868 [2d Dept 2011]; People v Reeb, 82 A.D.3d 1620 [2011]; People...

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