People v. Allen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated November 18, 2011, which denied, without a hearing, his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on February 25, 1999.
Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for a new determination of the defendant’s motion, in accordance herewith.
CPL 440.46 (3), provides, in pertinent part, that…
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