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PEOPLE v. VEGA

9837, 7136/97.

105 A.D.3d 582 (2013)

964 N.Y.S.2d 36

2013 NY Slip Op 2665

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND VEGA, Appellant.

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

Decided April 18, 2013.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about September 7, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The motion court properly found that defendant's 1988 adjudication as a second violent felony offender rendered him ineligible for resentencing on his drug conviction (see CPL 440.46 [5] [b]). Defendant asserts that this adjudication...

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