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PEOPLE v. RAMIREZ

13032, 8431/99

120 A.D.3d 1136 (2014)

992 N.Y.S.2d 428

2014 NY Slip Op 06372

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis RAMIREZ, Appellant.

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

Decided September 25, 2014.

The court properly determined that defendant is ineligible for resentencing because he had already been released to parole supervision for his class A-II drug felony conviction at the time he made the instant application (see People v Mills, 11 N.Y.3d 527, 537 [2008]). Accordingly, this Court has no lawful basis upon which to reduce defendant's sentence of six years to life on that conviction to a term of six years. We have considered...

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