PEOPLE v. WILSON

2015-12085, Ind. No. 13327/93.

155 A.D.3d 656 (2017)

62 N.Y.S.3d 814

2017 NY Slip Op 07623

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOLOMON WILSON, Appellant.

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

Decided November 1, 2017.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new determination of the defendant's motion in accordance herewith.

On a motion by a defendant who is eligible for resentencing pursuant to CPL 440.46, "[t]he court shall offer an opportunity for a hearing and bring the applicant before it" (L 2004, ch 738, § 23; see CPL 440.46 [3]; People v Golo, 26 N.Y.3d 358<...

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