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PEOPLE v. MOORES

2010-08388, Ind. No. 2836-03.

118 A.D.3d 731 (2014)

987 N.Y.S.2d 421

2014 NY Slip Op 4033

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHEL MOORES, Also Known as DORION JACKSON, Appellant.

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

Decided June 4, 2014.

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 440.46.

The County Court erred in denying the defendant's motion to be resentenced pursuant to CPL 440.46 on the ground that his status as a reincarcerated parole violator rendered him ineligible to be resentenced (see People v Paulin, 17 N.Y.3d 238, 242 [2011]; People...

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