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PEOPLE v. RUIZ

10170, 2390/06, 3051/06

113 A.D.3d 535 (2014)

978 N.Y.S.2d 850

2014 NY Slip Op 438

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK RUIZ, Also Known as HECTOR CORTEZ, Respondent.

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

Decided January 28, 2014.

Judgment of resentence, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered April 26, 2012, resentencing defendant to concurrent terms of 8½ years, and bringing up for review an order of the same court and Justice, entered on or about February 23, 2012, which granted defendant's CPL 440.20 motion to set aside his sentences as a second violent felony offender, and directed that he be resentenced as a first violent felony offender, unanimously reversed, on...

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