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PEOPLE v. ROMAN

No. 4931/96

26 Misc.3d 784 (2009)

889 N.Y.S.2d 922

2009 NY Slip Op 29493

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VICTOR ROMAN, Defendant.

Supreme Court, Bronx County.

Decided December 4, 2009.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Claudia S. Trupp of counsel), for defendant.

Robert T. Johnson, District Attorney (Nikki R. Harding of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM I. MOGULESCU, J.

The defendant moves, pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, part AAA, § 9 [eff Oct. 7, 2009]) and CPL 440.46, to be resentenced to a determinate sentence of two years followed by 1½ years' postrelease supervision, in accordance with Penal Law §§ 60.04 and 70.71. The People oppose, arguing that defendant is ineligible for...

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