Legal Opinion
People v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 2011PublishedCited by 8 opinions
1Opinion of the Court
In order to be eligible for resentencing under CPL 440.46, a defendant must be in the custody of the department of correctional services, must have been convicted of a class B felony drug offense under article 220 of the Penal Law that was committed prior to January 13, 2005, and must be serving an indeterminate sentence with a maximum of more than three years (see CPL 440.46 [1]; People v Arroyo, 28 Misc 3d 1205[A], 2010 NY Slip Op 51151[U] [2010]). However, the provisions of CPL 440.46 do “not apply to any person who is serving a sentence on a conviction for or has a predicate felony…
2Cases cited4 opinions
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SosaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DantonNew York Supreme Court · 2010
- People v. RomanNew York Supreme Court · 2009
3Cited by8 opinions
- People v. LashleyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FoxworthAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WalltowerAppellate Division of the Supreme Court of the State of New York · 2011
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