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PEOPLE v. NORRIS

2011-02258

90 A.D.3d 955 (2011)

934 N.Y.S.2d 713

2011 NY Slip Op 9352

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBERT NORRIS, Appellant.

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

Decided December 20, 2011.

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

The Supreme Court properly determined that it lacked the authority under CPL 440.46 to order, upon resentence, that determinate terms run concurrently when the original indeterminate terms were ordered to run consecutively (see CPL 430.10; People v Acevedo, 14 N.Y.3d 828...

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