PEOPLE v. DUKE

2014-01509, Ind. No. 12251/94.

132 A.D.3d 893 (2015)

17 N.Y.S.3d 878

2015 NY Slip Op 07678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DUKE, Appellant.

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

Decided October 21, 2015.


Appeal by the defendant from an order of the Supreme Court, Queens County (Kron, J.), dated February 3, 2014 which, after a hearing, upon remittitur, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed on April 4, 1995.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys...

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