PEOPLE v. GASTON

11537. 3680/10.

183 A.D.3d 488 (2020)

2020 NY Slip Op 02968

The People of the State of New York, Respondent, v. Henry Gaston, Appellant.

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

Decided May 21, 2020.


Defendant does not challenge his resentencing on the grand larceny and possession of stolen property counts, which corrected an undisputed illegality in the original sentences, but instead asserts that the resentencing court improperly denied his CPL 440.20 motion insofar as he had sought a plenary resentencing, which would include his convictions of rape and other violent felonies under four other counts.

Defendant claims that the original sentencing court (Bruce...

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