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PEOPLE v. MAHALIA G.

550 KA 22-00348.

217 A.D.3d 1432 (2023)

189 N.Y.S.3d 371

2023 NY Slip Op 03161

The People of the State of New York, Respondent, v. Mahalia G., Appellant.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

SIDLEY AUSTIN LLP, NEW YORK CITY ( JAMES R. HORNER of counsel), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( JERRY MARTI OF COUNSEL), FOR RESPONDENT.

CLEARY GOTTLIEB STEEN & HAMILTON LLP, NEW YORK CITY ( MARK E. McDONALD of counsel), FOR SANCTUARY FOR FAMILIES, HER JUSTICE, NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE, URBAN RESOURCE INSTITUTE, LEGAL MOMENTUM, NEW YORK LEGAL ASSISTANCE GROUP, SAFE HORIZON, INC., AND THE LAWYERS COMMITTEE AGAINST DOMESTIC VIOLENCE, AMICI CURIAE.

Present—Whalen, P.J., Peradotto, Lindley, Ogden and Greenwood, JJ.

Appeal from an order of the Erie County Court (Suzanne Maxwell Barnes, J.), dated November 17, 2021. The order denied the motion of defendant for resentencing pursuant to CPL 440.47.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at...

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