People v. Avila
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (DiMango, J.), dated March 19, 2010, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on December 18, 2001.
Ordered that the order is affirmed, without costs.
The Supreme Court correctly determined that the defendant’s status as a parole violator did not render him ineligible to apply for resentencing pursuant to the Drug Law Reform Act of 2009…
2Cases cited6 opinions
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3Cited by15 opinions
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