People v. Vidal
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, Kings County (Ferdinand, J.), dated December 19, 2011, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the *968third degree, which sentence was originally imposed, upon a jury verdict, on February 22, 1995.
Ordered that the order is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant’s motion to be resentenced pursuant to CPL 440.46. The defendant was convicted of two felonies prior to the instant conviction, and incurred…
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