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PEOPLE v. VAUGHN

2013-1034725 N.Y.3d 247

130 A.D.3d 760 (2015)

11 N.Y.S.3d 874

2015 NY Slip Op 05970

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY VAUGHN, Appellant.

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

Decided July 8, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings and a new determination of that branch of the defendant's motion which was for resentencing pursuant to CPL 440.46.

As the defendant contends, and the People correctly concede, the Supreme Court erred in determining that the defendant was ineligible for resentencing...

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