Legal Opinion

People v. Allen

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

Decided May 23, 2013PublishedCited by 3 opinions

1Opinion of the CourtStein, J.

Appeal from a decision of the County Court of Broome County (Smith, J.), dated March 22, 2012, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 1999, defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree and sentenced to a prison term of 4V2 to 9 years. In 2010, defendant moved for resentencing under the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). We previously reversed an order of County Court finding that defendant was ineligible for resentencing based upon his…

2Cases cited5 opinions

  1. People v. PeckAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. BuckeryAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BarnettAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. JosephAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by3 opinions

  1. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. WardAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2014

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