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PEOPLE v. PIGNATARO

No. 213.

22 N.Y.3d 381 (2013)

3 N.E.3d 1147

980 N.Y.S.2d 899

2013 NY Slip Op 8286

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY S. PIGNATARO, Appellant.

Court of Appeals of New York.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Charles J. Greenberg , Amherst, for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Michael J. Hillery and Donna A. Milling of counsel), for respondent.

Eric T. Schneiderman , Attorney General, New York City ( Jodi A. Danzig , Barbara D. Underwood and Roseann B. MacKechnie of counsel), for Attorney General, intervenor.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and ABDUS-SALAAM concur.

OPINION OF THE COURT

RIVERA, J.

Defendant Anthony Pignataro challenges his resentencing under Penal Law § 70.85, claiming the statute is unconstitutional because it deprives him of his right to vacate his guilty plea. Finding no constitutional deprivation visited on the defendant by his resentencing under section 70.85, we affirm.

I.

In November 2000, defendant Anthony Pignataro pleaded...

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