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PEOPLE v. MOORE

5891 6998/01.

159 A.D.3d 444 (2018)

69 N.Y.S.3d 482

2018 NY Slip Op 01428

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MOORE, Appellant.

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

Decided March 6, 2018.

The court correctly denied resentencing on the ground that defendant was less than three years from his parole eligibility date when he filed the motion (see People v Mills, 11 N.Y.3d 527, 536 [2008]), and it providently disregarded the People's erroneous concession to the contrary (see e.g. People v Wells, 16 A.D.3d 174 [1st Dept 2005], lv...

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