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PEOPLE v. NEWMAN

Ind No. 815/10. Appeal No. 14134. Case No. 2021-00061.

195 A.D.3d 575 (2021)

146 N.Y.S.3d 491

2021 NY Slip Op 04113

The People of the State of New York, Respondent, v. Timothy Newman, Appellant.

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

Decided June 29, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Robin Nichinsky of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Jennifer L. Watson of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.

The court resentenced defendant "in accordance with the law" within the meaning of CPL 440.40(5) when, upon granting the People's CPL 440.40 motion, the court reinstated defendant's original sentence as a persistent violent felony offender, which had been set aside on grounds later invalidated by the Court of Appeals in People v Smith (28 N.Y.3d 191 [2016]). Defendant was not entitled to a hearing to challenge the constitutionality...

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