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PEOPLE v. BOYD

Appellate Division of the Supreme Court of New York, First Department.
Oct 29, 2002

Defendant was resentenced as a result of his successful motion to set aside sentence, made pursuant to CPL 440.20. By granting the motion and by correcting the undisputed illegality in defendant's original sentence, the court accorded defendant all the relief required by the statute (CPL 440.20). We perceive no basis for either a reduction of sentence or a remand for further sentencing proceedings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.