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PEOPLE v. WILSON

2010-09259.

84 A.D.3d 1281 (2011)

923 N.Y.S.2d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOOKER WILSON, Appellant.

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

Decided May 24, 2011.

Ordered that the order is affirmed.

Pursuant to the clear terms of CPL 440.46, the defendant is not eligible for resentencing on his conviction of conspiracy in the second degree, since that crime is not one of the offenses enumerated in article 220 of the Penal Law (see CPL 440.46; People v Williams, 84 A.D.3d 1279 [2011] [decided herewith]; People v Murray, 82 A.D.3d 794

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