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PEOPLE v. GONZALEZ

2010-10055.

90 A.D.3d 781 (2011)

934 N.Y.S.2d 808

2011 NY Slip Op 9149

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL GONZALEZ, Appellant.

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

Decided December 13, 2011.

Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

"Pursuant to the clear terms of CPL 440.46, the defendant is not eligible for resentencing on his conviction of conspiracy in the second degree, since that crime is not one of the offenses enumerated in article 220 of the Penal Law" (People v Wilson, 84...

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