People v. Encarnacion
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to the 2004 Drug Law Reform Act ([DLRA-1] L 2004, ch 738, § 23). Defendant failed to preserve for our review his contention that County Court erred in failing to hold an evidentiary hearing inasmuch as he did not request such a hearing (see id.; People v Murray, 89 AD3d 567, 568 [2011], lv denied 18 NY3d 960 [2012]; People v *1747Highsmith, 79 AD3d 1741, 1742 [2010], lv denied 16 NY3d 831 [2011]). In any event, that contention lacks merit. Defendant appeared with defense counsel before the court on the…
2Cases cited13 opinions
- People v. PaulinNew York Court of Appeals · 2011
- Williams v. StateNew York Court of Appeals · 2012
- People v. D'ANTUONONew York Court of Appeals · 2012
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2007
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