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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER DELSTON, Appellant.

Ordered that the order is affirmed insofar as appealed from.

The County Court properly denied that branch of the defendant's motion which was, in effect, to vacate his sentence ( see People v Smith, 73 NY2d 961, 962-963; People v Hamilton, 205 AD2d 706, 707).

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PEOPLE v. DELSTON
(May 26, 2009)