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PEOPLE v. ALLEN

2011-11680.

105 A.D.3d 969 (2013)

963 N.Y.S.2d 335

2013 NY Slip Op 2586

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ALLEN, Appellant.

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

Decided April 17, 2013.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated November 18, 2011, which denied, without a hearing, 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 February 25, 1999.

Ordered that the order is reversed, on the law, and the matter...

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