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PEOPLE v. BERRY

2010-07151.

89 A.D.3d 954 (2011)

933 N.Y.S.2d 94

2011 NY Slip Op 8371

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LA-TEEK BERRY, Appellant.

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

Decided November 15, 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, Kings County, for further proceedings in accordance with the resentencing procedure set forth in CPL 440.46.

The defendant, who was convicted of criminal sale of a controlled substance in the third degree, moved for resentencing pursuant to CPL 440.46. The Supreme Court determined that the...

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