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PEOPLE v. NIEVES

Nos. 7490, 2537/95.

94 A.D.3d 671 (2012)

942 N.Y.S.2d 787

2012 NY Slip Op 3276

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL NIEVES, Appellant.

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

Decided April 26, 2012.

As the People concede, defendant is eligible to be considered for resentencing because he is deemed to still be serving a sentence for a class B drug felony. Defendant was convicted in 1996 of class B drug felonies and sentenced to concurrent terms of 5½ to 11 years. After being released on parole, he was convicted of another felony in 2003 and received a consecutive term of 3½ to 7 years. Consecutive terms are treated...

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