Legal Opinion
People v. Berry
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2011PublishedCited by 13 opinions
1Opinion of the Court
*955The defendant, who was convicted of criminal sale of a controlled substance in the third degree, moved for resentencing pursuant to CPL 440.46. The Supreme Court determined that the defendant was ineligible for resentencing because, after having been paroled, he was reincarcerated for violating parole. Alternatively, the court concluded that, even if the defendant was eligible for resentencing, substantial justice dictated the denial of his motion.
“[Prisoners who have been paroled, and then reincarcerated for violating their parole, are not for that reason barred from seeking relief’ under…
2Cases cited9 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ConcepcionAppellate Division of the Supreme Court of the State of New York · 2011
- People v. StampsAppellate Division of the Supreme Court of the State of New York · 2008
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. ArroyoAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ArroyoAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.