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PEOPLE v. CABA

Nos. 6709, 2979/01.

94 A.D.3d 484 (2012)

941 N.Y.S.2d 498

2012 NY Slip Op 2596

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

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

Decided April 10, 2012.

Defendant is ineligible for resentencing because of his prior violent felony conviction, even though it did not serve as the basis for his adjudication as a second felony offender on the drug conviction upon which he seeks resentencing (see People v Steward, 18 N.Y.3d 493 [2012]).

Defendant did not preserve his argument that he was entitled to a hearing on his resentencing motion (see People v Alaouie,

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