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PEOPLE v. SAMUELS

1998/12, 71A, 4368/09, 71.

135 A.D.3d 667 (2016)

23 N.Y.S.3d 574

2016 NY Slip Op 00611

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL SAMUELS, Appellant.

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

Decided January 28, 2016.

As the People concede, based on People v Rudolph (21 N.Y.3d 497 [2013]), which was decided after the sentencing in this case, defendant is entitled to resentencing for an express youthful offender determination on his weapon conviction.

We perceive no basis for reducing the sentence, or for any other relief, on defendant's controlled substance conviction, which involved a crime committed while defendant was 20 years old and...

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