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PEOPLE v. VEGA

10352. 3112/13.

177 A.D.3d 491 (2019)

110 N.Y.S.3d 550

2019 NY Slip Op 08352

The People of the State of New York, Respondent, v. Fidel Vega, Appellant.

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

Decided November 19, 2019.

The court was not required to conduct a plenary sentencing proceeding when, upon granting the People's CPL 440.40 motion, the court reinstated defendant's original 2014 sentence, which had been set aside in 2016 on grounds later invalidated by the Court of Appeals in People v Smith (28 N.Y.3d 191 [2016]). The court had no authority to revisit its original exercise of sentencing discretion, because the original sentence was in accordance...

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