Legal Opinion
The People v. Earl Coleman
New York Court of Appeals
Decided October 16, 2014No. 152PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
The Drug Law Reform Act of 2009 (see L 2009, ch 56, § 1, part AAA, § 9 [hereinafter 2009 DLRA]) provides remedial resentencing to low-level nonviolent felony drug offenders who meet various basic eligibility requirements (see CPL 440.46 [1]). The 2009 DLRA, however, denies resentencing to any offender who is serving a sentence for an “exclusion offense,” which is, among other things, an “offense for which a merit time allowance is not available pursuant to [Correction Law § 803 (1) (d) (ii)]” (CPL 440.46 [5]; CPL 440.46 [5] [a] [ii]). Correction Law § 803…
2Cases cited8 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. SosaNew York Court of Appeals · 2012
- People v. RobinsonNew York Court of Appeals · 2000
- People v. MitchellNew York Court of Appeals · 2010
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. AttawayNew York County Court, Cayuga County · 2016
- People v. BoykinsAppellate Division of the Supreme Court of the State of New York · 2018
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2018
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2018
- People v. Shawn A.Appellate Division of the Supreme Court of the State of New York · 2026
3 more not listed; retrieve them via the Exa API.