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PEOPLE v. WILSON

2010-03307.

85 A.D.3d 1069 (2011)

925 N.Y.S.2d 877

2011 NY Slip Op 5539

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

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

Decided June 21, 2011.

Ordered that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying his motion for resentencing on substantial justice grounds (see CPL 440.46 [3]; L 2004, ch 738, § 23; People v Pipkin, 77 A.D.3d 770 [2010]). While on release from parole, stemming from a conviction of attempted robbery in the third degree, the defendant committed the drug...

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