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PEOPLE v. ENCARNACION

KA 09-02305.

101 A.D.3d 1746 (2012)

956 N.Y.S.2d 387

2012 NY Slip Op 9228

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNABE ENCARNACION, Appellant.

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

December 28, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to the 2004 Drug Law Reform Act ([DLRA-1] L 2004, ch 738, § 23). Defendant failed to preserve for our review his contention that County Court erred in failing to hold an evidentiary hearing inasmuch as he did not request such a hearing (see id.; People v Murray,

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