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PEOPLE v. CEPHAS

6406, 5473/01.

90 A.D.3d 557 (2011)

934 N.Y.S.2d 410

2011 NY Slip Op 9198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT CEPHAS, Appellant.

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

Decided December 20, 2011.

Substantial justice does not dictate denial of resentencing, and we exercise our discretion to specify an appropriate resentence (see e.g. People v Milton, 86 A.D.3d 478 [2011]). It is undisputed that during defendant's imprisonment on the underlying 2003 conviction, he has been an exemplary prisoner, and has completed several work programs and substance abuse treatment programs.

The court denied the motion primarily on the...

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