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PEOPLE v. MILLER

2010-06088.

88 A.D.3d 1015 (2011)

931 N.Y.S.2d 391

2011 NY Slip Op 7658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAR MILLER, Appellant.

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

Decided October 25, 2011.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys "a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates the denial thereof" (People v Beasley, 47 A.D.3d 639, 641 [2008]; see CPL 440.46 [3]; L 2004, ch 738, § 23). However, resentencing is not automatic, and the determination is left to...

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