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PEOPLE v. KARIM

2010-04648.

85 A.D.3d 943 (2011)

925 N.Y.S.2d 835

2011 NY Slip Op 5297

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL KARIM, Appellant.

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

Decided June 14, 2011.

Ordered that the order is affirmed.

Pursuant to CPL 440.46, upon a resentencing application by a person in the custody of the Department of Correction, the motion court may "consider any facts or circumstances relevant to the imposition of a new sentence which are submitted by such person or the people and may, in addition, consider the institutional record of confinement of such person . . . Upon its review of the submissions...

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