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PEOPLE v. GATHOR

10640- SCI. 10641-1853/04, 10642

115 A.D.3d 612 (2014)

2014 NY Slip Op 2135

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANTHONY GATHOR, Also Known as ANTWANE McLEOD, Respondent.

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

Decided March 27, 2014.

In light of the Court of Appeals' recent decision in People v Boyer (22 N.Y.3d 15 [2013]), we find that defendant was not entitled to relief under CPL 440.20 from his original sentencing as a second violent felony offender since the resentencing proceeding to correct the failure to impose postrelease supervision does not alter the original date of sentence. Here, defendant was sentenced to a term of 3½ years on February 20,...

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