PEOPLE v. DELAYO

106237.

151 A.D.3d 1174 (2017)

2017 NY Slip Op 04497

53 N.Y.S.3d 570

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN DELAYO, Appellant.

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

Decided June 8, 2017.


As is relevant here, defendant pleaded guilty to count 1 of the indictment charging him with criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 8 to 24 years followed by a period of postrelease supervision. Thereafter, he successfully moved pursuant to CPL 440.46 for resentencing. Ultimately, defendant was resentenced to the maximum statutory prison term of nine years, followed by two years of postrelease supervision. Defendant...

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