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State Courts -
New York - January 31, 2006
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People v. Bagby, 238/79,
SUPREME COURT OF NEW YORK, WESTCHESTER COUNTY, January 31, 2006, Decided
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Overview: Because defendant was not in the custody of the department of correctional services, he did not qualify as an eligible inmate as defined in N.Y. Correct. Law § 851(2); therefore, he was ineligible to be resentenced under the Rockefeller Drug Law Reform Act, N.Y. Penal Law §§ 60.04, 70.70, 70.71, pertaining to A-I or A-II felony drug offenders.
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People v. Hilton, 4250- 4250A Ind. 5405/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Evidence that defendant blocked victim's exit and threatened her with a bottle supported third-degree robbery conviction; since persistent felony offender sentencing by trial court after fact finding by jury had been found constitutional, relief from sentence under N.Y. Crim. Proc. Law § 440.20 was properly denied.
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People v. Lane, 7717 Ind. 2298/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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