Ordered that the order is affirmed.
The defendant moved pursuant to CPL 440.20 (1) to set aside his sentence on the ground that it was illegal as a matter of law because he was sentenced as an adult despite being 15 years old at the time of the subject offenses. By order dated February 19, 2013, the Supreme Court denied the defendant's motion without a hearing.
The defendant's allegation that he was 15 years old at the time of the subject offenses was contradicted...
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