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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY ROBINSON, Appellant.

In denying resentencing, the court complied with its procedural obligations. Defendant was brought before the court and given an opportunity to be heard, which is all that the statute requires ( see L 2005, ch 643, § 1; People v Figueroa, 21 AD3d 337, 339, lv denied 6 NY3d 753). Furthermore, defense counsel had made written submissions in support of the motion, and there was no dispute as to the critical facts that led the court to its conclusion that substantial justice dictated denial of resentencing ( see People v Burgos, 44 AD3d 387).

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PEOPLE v. ROBINSON
(Nov 20, 2007)