Legal Opinion
People v. Parker
Appellate Division of the Supreme Court of the State of New York
Decided June 26, 2013PublishedCited by 4 opinions
1Opinion of the Court
*1018Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated October 6, 2011, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on November 5, 2004.
Ordered that the order is affirmed.
When a defendant is eligible for resentencing pursuant to CPL 440.46, there is “ ‘a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates…
2Cases cited9 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CurryAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CabreraAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PoliteAppellate Division of the Supreme Court of the State of New York · 2018
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- SAFFOLD, ROBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017