Legal Opinion
People v. Burgos
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 2007PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered June 16, 2006, which denied defendant’s motion to be resentenced, unanimously affirmed.
The motion court did not misapprehend the application of the Drug Law Reform Act (L 2005, ch 643, § 1); unlike the court in People v Arana (32 AD3d 305 [2006]), it recognized defendant’s eligibility for consideration, and providently exercised its discretion (see People v Vasquez, 41 AD3d 111 [2007], lv dismissed 9 NY3d 870 [2007]).
Although the statute provides that “[t]he court shall offer an opportunity for a hearing and bring the…
2Cases cited3 opinions
- People v. AranaAppellate Division of the Supreme Court of the State of New York · 2006
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2007
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by9 opinions
- People v. MorenoAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BensAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HighsmithAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AnonymousAppellate Division of the Supreme Court of the State of New York · 2011
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