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PEOPLE v. SHUMATE

107256.

141 A.D.3d 1042 (2016)

35 N.Y.S.3d 661

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SHUMATE, Appellant.

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

Decided July 28, 2016.

In 1994, defendant was convicted of criminal sale of a controlled substance in the third degree and was sentenced as a persistent felony offender to 15 years to life in prison (see People v Shumate, 227 A.D.2d 719, 720 [1996], lv denied 88 N.Y.2d 994 [1996]). In 2011, he applied for resentencing pursuant to CPL 440.46. County Court denied his application, finding that he was ineligible for resentencing under the statute due...

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