PEOPLE v. NIEVES

2002-08430.

102 A.D.3d 478 (2013)

958 N.Y.S.2d 128

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 January 15, 2013.


Defendant was convicted in 1997 of class B drug felonies and sentenced to concurrent terms of 5 ½ to 11 years. Following his release on parole, he was convicted of a class C felony in 2003 and was sentenced to a term of 3 ½ to 7 years to run consecutively to the sentences imposed on the class B felonies. Thereafter, in 2009, defendant moved for resentencing on the class B felonies and Supreme Court denied the motion on the grounds that defendant was ineligible ...

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