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PEOPLE v. COLOME-RODRIGUEZ

843 KA 12-01907

120 A.D.3d 1525 (2014)

992 N.Y.S.2d 652

2014 NY Slip Op 06387

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNIE COLOME-RODRIGUEZ, Appellant.

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

Decided September 26, 2014.

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

Memorandum: On appeal from an order denying his motion for resentencing pursuant to the 2009 Drug Law Reform Act (CPL 440.46), defendant contends that County Court failed to apprehend that it had discretion to resentence him. That contention is belied by the record, which establishes that the People conceded that defendant was eligible for resentencing but the court concluded that "substantial...

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