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PEOPLE v. SUYA

5558, 4930/97

87 A.D.3d 921 (2011)

929 N.Y.S.2d 738

2011 NY Slip Op 6538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX SUYA, Appellant.

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

Decided September 22, 2011.

As conceded by the People, defendant's 1999 robbery conviction did not constitute an "exclusion offense" that rendered him ineligible for resentencing pursuant to CPL 440.46. Nevertheless, the court properly exercised its discretion in concluding that substantial justice dictated denial of defendant's application for resentencing (see People v Gonzalez, 29 A.D.3d 400 [2006], lv denied 7 N.Y.3d 867 [2006]). Defendant's criminal...

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