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Legal Opinion

People v. DE JESUS (RAYMOND)

New York Court of Appeals

Decided December 17, 1981PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Defendant applied for resentencing pursuant to section 60.09 of the Penal Law. This section, which permits resentencing of persons convicted of class A-II and A-III drug felonies, was enacted to undo the perceived harsh sentencing consequences of the 1973 drug laws where appropriate (see Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law, § 60.09 [Cum Supp], p 56). The statutory language of section 60.09 leaves room but for one conclusion — that the decision to grant such an application for resentencing is discretionary.

The present appeal is…

3Cases cited20 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. IannoneNew York Court of Appeals · 1978
  3. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  4. People v. HavelkaNew York Court of Appeals · 1978
  5. People v. TuttNew York Court of Appeals · 1976

15 more not listed; retrieve them via the Exa API.

4Cited by40 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. StevensNew York Court of Appeals · 1998
  3. People v. Van PeltNew York Court of Appeals · 1990
  4. People v. LaingNew York Court of Appeals · 1992
  5. People v. PaganNew York Court of Appeals · 2012

35 more not listed; retrieve them via the Exa API.

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