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PEOPLE v. VARGAS

11620, 2158/01, 10/05

113 A.D.3d 570 (2014)

979 N.Y.S.2d 520

2014 NY Slip Op 577

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL VARGAS, Appellant.

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

Decided January 30, 2014.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about February 14, 2012, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the motion. Resentencing "involves a complex balancing of several sets of compelling and in some respects competing concerns" (People v Sosa, 18 N.Y.3d 436

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