People v. Reynoso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
In 1999, defendant, a resident alien who had legally entered the United States, pleaded guilty to the crimes of criminal sale of a controlled substance in the third degree (five counts) and criminal possession of a controlled substance in the third degree. County Court (Leaman, J.) imposed six terms of 1 to 4 years in prison, three to run consecutively and three to run concurrently. Upon defendant’s appeal challenging only the harshness of his sentence, this Court affirmed (People v Reynoso, 11 AD3d 719 [2004]). In 2010, defendant moved pursuant to CPL 440.10 to vacate his conviction. County…
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