Legal Opinion
People v. Marti
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 2011PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Laura A. Ward, J.), entered on or about July 27, 2006, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.
The 2009 Drug Law Reform Act (L 2009, ch 56), like its predecessors, provides that an eligible inmate’s application for resentencing “shall” be granted, unless “substantial justice” dictates that it be denied (CPL 440.46 [3] [incorporating by reference provisions of the 2004 Drug Law Reform Act (L 2004, ch 738, § 23)]). The determination is discretionary (see People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867…
2Cases cited2 opinions
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. CiriacoAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- People v. ManigaultAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AlaquieAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ManigaultAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PachecoAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2011
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