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PEOPLE v. RODRIGUEZ

9042, 11050/93, 10083/91.

171 A.D.3d 585 (2019)

96 N.Y.S.3d 848

2019 NY Slip Op 02979

The People of the State of New York, Respondent, v. Roberto Rodriguez, Appellant.

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

Decided April 23, 2019.

The motion court properly determined that defendant was ineligible for resentencing on his A-II felony conviction. We see no reason to depart from our previous holdings, in which we rejected statutory, public policy and constitutional arguments similar to those raised here (see e.g. People v Soroa, 166 A.D.3d 434 [1st Dept 2018]; People v Moore, 159 A.D.3d 444 [1st Dept 2018]).

Although...

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