People v. Cruz

Order, Supreme Court, Bronx County (Robert G. Seewald, J.), entered February 16, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, as a matter of discretion in the interest of justice, the motion granted, and the matter remanded for further proceedings consistent with this decision to include specifying and informing defendant of a proposed sentence.

The record of the resentencing proceeding does not dictate denial of resentencing on substantial justice grounds (see e.g. People v Milton, 86 AD3d 478 [2011]). The court denied the motion primarily on the…