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PEOPLE v. BETHEA

2014-09850, Ind. No. 4744/03.

145 A.D.3d 738 (2016)

2016 NY Slip Op 08244

41 N.Y.S.3d 899

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BETHEA, Appellant.

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

Decided December 7, 2016.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys a statutory presumption in favor of resentencing (see People v Duke, 132 A.D.3d 893 [2015]; People v Brown, 115 A.D.3d 155, 156-157 [2014] affd 25 N.Y.3d 247 [2015]; People v Beasley, 47 A.D.3d 639

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