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PEOPLE v. MORONTA

2016-12883. Ind. No. 15-01303.

163 A.D.3d 851 (2018)

77 N.Y.S.3d 304

2018 NY Slip Op 05336

The People of the State of New York, Respondent, v. Berinzon Moronta, Appellant.

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

Decided July 18, 2018.

Ordered that the judgment is affirmed.

While this appeal was pending, the defendant successfully moved before the Supreme Court, pursuant to CPL 440.20, to vacate his sentence on the ground that the sentencing court had failed to consider whether he should be adjudicated a youthful offender (see People v Rudolph, 21 N.Y.3d 497 [2013]). By order dated March 1, 2018, following a resentencing proceeding, the original sentence...

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