Legal Opinion

People v. Carpenter

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

Decided July 14, 2011PublishedCited by 8 opinions

1Opinion of the CourtGarry, J.

Defendant was convicted in 2005 of criminal possession of a controlled substance in the third degree and was sentenced to 10 to 20 years in prison. His conviction and sentence were affirmed by this Court on appeal (People v Carpenter, 51 AD3d 1149 [2008], Iv denied 11 NY3d 786 [2008]). Defendant subsequently moved to be resentenced pursuant to CPL 440.46. Following a hearing, County Court denied the motion and defendant now appeals.

We affirm. Upon determining that a defendant is eligible for resentencing pursuant to CPL 440.46, a court shall determine the appropriate determinate sentence…

2Cases cited3 opinions

  1. People v. CarpenterAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. RiversAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. La PorteAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by8 opinions

  1. People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. BuckeryAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BuckeryAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2018

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