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PEOPLE v. DIAZ

1723, 3277/98

68 A.D.3d 497 (2009)

2009 NY Slip Op 9150

889 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED DIAZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2009.

As the People concede, a remand is necessary on defendant's application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree (see People v Rampino, 55 A.D.3d 348 [2008]) because the DLRA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence...

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