Legal Opinion
People v. Cristostomo
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 2012PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), entered November 1, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remitted to the Supreme Court for further proceedings.
While on work release from the drug conviction, defendant committed, and was convicted of, the crime of attempted kidnapping in the first degree, a violent felony. Supreme Court erred in finding that defendant is ineligible for resentencing due to his commission of a violent felony subsequent to the drug offense (see People v Allen, 92 AD3d…
2Cases cited7 opinions
- People v. PaulinNew York Court of Appeals · 2011
- Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MylesAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DevivoAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. GoloAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GoloAppellate Division of the Supreme Court of the State of New York · 2013