Legal Opinion
People v. Gatewood
Appellate Division of the Supreme Court of the State of New York
Decided August 19, 2011PublishedCited by 9 opinions
1Opinion of the Court
Memorandum:
Defendant appeals from an order denying his application for resentencing pursuant to CPL 440.46, the 2009 Drug Law Reform Act (DLRA-3). Although defendant is eligible to apply for resentencing under DLRA-3 despite the fact that he had been released from incarceration and was thereafter reincarcerated for violating the conditions of his parole (see People v Paulin, 17 NY3d 238 [2011]; People v Wallace, 87 AD3d 824 [2011]), we nevertheless conclude that County Court did not abuse its discretion in determining that substantial justice required denial of his application (see People v…
2Cases cited3 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. PipkinAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by9 opinions
- People v. Benitez-FernandezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- BENITEZ-FERNANDEZ, ONACIMO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. Benitez-FernandezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
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