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PEOPLE v. SIMMONS

2012-10569

112 A.D.3d 654 (2013)

975 N.Y.S.2d 775

2013 NY Slip Op 8103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARIQUE SIMMONS, Appellant.

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

Decided December 4, 2013.

Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated November 7, 2012, which denied, without a hearing, his motion to be resentenced pursuant to CPL 440.46 on his convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, which sentence was originally imposed on March 29, 1993.

Ordered that the...

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