Legal Opinion
People v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 2011PublishedCited by 6 opinions
1Opinion of the Court
When a defendant moves for resentencing under the Drug Law Reform Act, the defendant is entitled to be brought before the court and given an opportunity to be heard (People v Figueroa, 21 AD3d 337, 339 [2005], Iv denied 6 NY3d 753 [2005]). In this case defendant was never before the court on *523his resentencing motion. Thus the determination denying resentencing must be vacated and the matter remanded for a hearing on defendant’s CPL 440.46 motion. Concur — Saxe, J.P., Sweeny, Catterson, Freedman and Manzanet-Daniels, JJ.
2Cases cited1 opinion
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2005
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. ScarboroughAppellate Division of the Supreme Court of the State of New York · 2011
- 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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