People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the People from a resentence of the Supreme Court, Queens County (Camacho, J.), imposed May 16, 2012, pursuant to CPL 440.46, *641upon the defendant’s conviction of criminal sale of a controlled substance in the third degree, upon a jury verdict.
Ordered that the appeal is dismissed as academic.
The People contend that the Supreme Court erred in granting the defendant’s motion for resentencing pursuant to CPL 440.46 because he was on parole and not “in the custody of the department of corrections and community supervision” within the meaning of the statute at the time he made his…
2Cases cited6 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GarnerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- People v. BackmanAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
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