Legal Opinion

People v. Franklin

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2012PublishedCited by 11 opinions

1Opinion of the Court

“A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys ‘a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates the denial thereof ” (People v Gonzalez, 96 AD3d 875, 876 [2012], quoting People v Beasley, 47 AD3d 639, 641 [2008]; see CPL 440.46 [3]; L 2004, ch 738, § 23). “However, resentencing is not automatic, and the determination is left to the discretion of the Supreme Court” (People v Gonzalez, 96 AD3d at 876; see People v Beasley, 47 AD3d at 641). In exercising its discretion, a court may “consider any…

2Cases cited7 opinions

  1. People v. PaulinNew York Court of Appeals · 2011
  2. People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. AvilaAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. CabreraAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. DukeAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. GutierrezAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API