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PEOPLE v. CONCEPCION

2009-11566.

85 A.D.3d 811 (2011)

924 N.Y.S.2d 849

2011 NY Slip Op 5085

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE CONCEPCION, Appellant.

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

Decided June 7, 2011.

Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance with CPL 440.46.

Contrary to the People's contention, the defendant's appeal from the denial of his motion for resentencing was not rendered academic by the defendant's release to parole while this...

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