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PEOPLE v. CERZA

2010-02982.

85 A.D.3d 810 (2011)

925 N.Y.S.2d 133

2011 NY Slip Op 5084

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK CERZA, Appellant.

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

Decided June 7, 2011.

Ordered that the order is affirmed.

The People's assertion that the appeal is academic is without merit (see People v Overton, 86 A.D.3d 4 [2d Dept 2011]).

The Supreme Court properly denied the defendant's motion for resentencing pursuant to CPL 440.46. The provisions of CPL 440.46 do not apply to "any person who . . . has a predicate felony conviction for an exclusion offense" (CPL 440.46 [5]). As relevant to the...

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