Legal Opinion
People v. Phillips
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 20 opinions
1Opinion of the Court
In the Drug Law Reform Act of 2009 (hereinafter 2009 DLRA), the Legislature provided that “[a]ny person in the custody of the department of correctional services convicted of a class B felony offense defined in article two hundred twenty of *1012the penal law which was committed prior to [January 13, 2005], who is serving an indeterminate sentence with a maximum term of more than three years, may . . . apply to be resentenced” (CPL 440.46 [1]). Although the 2009 DLRA does not reference a person’s parole status in determining eligibility, the County Court denied the defendant’s motion to be…
2Cases cited3 opinions
- People v. MillsNew York Court of Appeals · 2008
- People v. PrattsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PaulinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by20 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AvilaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BerryAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 2012
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