Appeal by the defendant from an order of the Supreme Court, Suffolk County (Timothy P. Mazzei, J.), dated August 22, 2023, which, after a hearing, denied his motion pursuant to CPL 440.47 to vacate his sentence and to be resentenced in accordance with Penal Law § 60.12.
Ordered that the order is affirmed.
In October 2006, when the defendant was 18 years old, he shot and killed Thomas Herzberg during a foiled robbery attempt. After a jury trial, the defendant...
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