Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated July 2, 2010, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on May 16, 1996.
Ordered that the order is affirmed.
As the People correctly concede, the Supreme Court erred in concluding that...
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