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PEOPLE v. BACKMAN

105074.

111 A.D.3d 1027 (2013)

974 N.Y.S.2d 661

2013 NY Slip Op 7524

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT N. BACKMAN, Appellant.

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

Decided November 14, 2013.

McCarthy, J.

Appeal from an order of the County Court of Broome County (Cawley, J.), entered November 8, 2010, which denied defendant's motion for resentencing pursuant to CPL 440.46.

In 2003, defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree and was thereafter sentenced, as a second felony offender, to a prison term of 4½ to 9 years...

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