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PEOPLE v. SANTANA

2012-08781, Ind. No. 1040/01.

117 A.D.3d 758 (2014)

984 N.Y.S.2d 645

2014 NY Slip Op 3285

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SANTANA, Appellant.

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

Decided May 7, 2014.

Appeal by the defendant from an order of the Supreme Court, Kings County (Dwyer, J.), dated September 12, 2012, which, without a hearing, denied his motion for resentencing pursuant to CPL 440.46, on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on December 3, 2002.

Ordered that the order is reversed, on the law, and the...

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