People v. Ward

Respectfully we dissent. Although latitude is provided from rigid compliance with the procedures set forth in Correction Law § 601-d (see People v Campbell, 93 AD3d 996, 997 [2012], lv denied 19 NY3d 862 [2012]; People v Becker, 72 AD3d 1290, 1291 [2010], lv denied 15 NY3d 747 [2010]), the record in this case reveals — in addition to statutory time frames that were not met — significant concerns as to whether defendant’s counsel had sufficient time to effectively prepare and, also, whether County Court (Becker, J.) failed to exercise its independent discretion in resentencing defendant.

The…