People v. Milland
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), entered April 16, 2010, which, after a hearing, denied his motion to be resentenced pursuant to CEL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on May 25, 1993.
Ordered that the order is affirmed.
A defendant who is eligible for resentencing pursuant to CEL 440.46 is entitled to “a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates the…
2Cases cited7 opinions
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