People v. Bens
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 Supreme Court, Queens County (Camacho, J), dated August 16, 2011, which denied, without a hearing, his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a con*665trolled substance in the third degree, which sentence was previously imposed, upon a jury verdict, on March 7, 2001.
Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new determination of the defendant’s motion, in accordance herewith.
CPL 440.46 (3), provides, in pertinent part, that “[t]he…
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