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PEOPLE v. HOLMES

Ind. No. 428/14. Appeal No. 580-581. Case No. 2019-04622.

217 A.D.3d 633 (2023)

190 N.Y.S.3d 74

2023 NY Slip Op 03551

The People of the State of New York, Respondent, v. Darnell Holmes, Appellant.

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

Decided June 29, 2023.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Allison N. Kahl of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of Counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, González, Higgitt, JJ.

Order, Supreme Court, Bronx County (James A. McCarty, J.), entered on or about August 21, 2020, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously affirmed.

Defendant's claim that his sentence is unconstitutional under the Eighth Amendment because his asthma allegedly places him at a high risk of serious illness or death in the event that he is infected with COVID-19, and because he is allegedly under a high risk of being infected while...

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