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PEOPLE v. COX

2944/11. 4857. 4856.

166 A.D.3d 557 (2018)

87 N.Y.S.3d 4

2018 NY Slip Op 08175

The People of the State of New York, Appellant, v. Jamal Cox, Respondent.

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

Decided November 29, 2018.

The resentencing court granted defendant's CPL 440.20 motion to set aside his sentence as a persistent violent felony offender, on a ground later rejected by the Court of Appeals (see People v Smith, 28 N.Y.3d 191 [2016]). The resentencing court did not reach the remaining claim raised in the motion, namely whether defendant's 2003 Queens County conviction was unconstitutionally obtained...

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