Legal Opinion

People v. Stanton

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

Decided February 7, 2014Published

1Opinion of the Court

Appeal from an order of the Cayuga County Court (Thomas G. Leone, J.), entered June 22, 2012. The order denied the application of defendant for resentencing pursuant to CPL 440.46.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to CPL 440.46, the 2009 Drug Law Reform Act. As the People correctly concede, this appeal is not moot even though the maximum sentence for defendant’s original drug conviction has now expired. Defendant “was sentenced in another case involving a…

2Cases cited7 opinions

  1. People v. PaulinNew York Court of Appeals · 2011
  2. People v. CorreaAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. GatewoodAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. NievesAppellate Division of the Supreme Court of the State of New York · 2012

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