PEOPLE v. MILLER

676 KA 12-00760.

118 A.D.3d 1463 (2014)

987 N.Y.S.2d 786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN L. MILLER, Appellant.

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

Decided June 20, 2014.


It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.20 seeking to set aside the sentence imposed in 2004 with respect to his conviction of assault in the first degree (Penal Law § 120.10 [1]). The sentence sought to be set aside by defendant is a determinate term of imprisonment of 15 years plus five years...

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