Legal Opinion

People v. Witkowski

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

Decided March 8, 2011PublishedCited by 14 opinions

1Opinion of the Court

The defendant was convicted, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (see Penal Law § 220.16), based on an offense committed in 2003, and was sentenced in October 2004 to an indeterminate term of 6 to 12 years of imprisonment. In January 2010 the defendant moved to be resentenced pursuant to CPL 440.46, which extends to certain eligible individuals in the custody of the Department of Correctional Services who were convicted of a class B felony offense defined in Penal Law article 220 committed prior to January 13, 2005, the opportunity to…

2Cases cited5 opinions

  1. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. SandersAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. VegaAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. WinfieldAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by14 opinions

  1. People v. KarimAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. MillandAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. DarwinAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. DominguezAppellate Division of the Supreme Court of the State of New York · 2011

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