Legal Opinion

People v. Cuello

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

Decided October 19, 2010PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Pratts, 74 AD3d 536 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.

2Cases cited1 opinion

  1. People v. PrattsAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by4 opinions

  1. People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. DegrafinreidAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BrowneAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. ChathamAppellate Division of the Supreme Court of the State of New York · 2011