Legal Opinion

People v. Diaz

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

Decided December 10, 2009PublishedCited by 5 opinions

1Opinion of the Court

*498As the People concede, a remand is necessary on defendant’s application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree (see People v Rampino, 55 AD3d 348 [2008]) because the DLRA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence of equal length for his first-degree conspiracy conviction, upon which he is ineligible for resentencing. Concur — Gonzalez, P.J., Friedman, McGuire, DeGrasse and Manzanet-Daniels, JJ.

2Cases cited1 opinion

  1. People v. RampinoAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by5 opinions

  1. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. AnonymousAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. WilliamsNew York Supreme Court · 2010
  4. People v. AranaAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. AranaAppellate Division of the Supreme Court of the State of New York · 2012