Legal Opinion
People v. Scarborough
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 6 opinions
1Opinion of the Court
The court denied the motion on the ground of ineligibility. The court also determined, in the alternative, that substantial justice dictated denial of the motion.
Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug conviction but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Under the circumstances of this case, defendant is entitled to further proceedings on the issue of substantial justice.
An applicant for resentencing under the Drug Law Reform Act is entitled to be “brought before the court and…
2Cases cited3 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. SolerAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. Benitez-FernandezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2012
- BENITEZ-FERNANDEZ, ONACIMO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2013
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