Legal Opinion

People v. Foxworth

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

Decided May 17, 2011PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the People from a resentence of the Supreme Court, Queens County (Latella, J.), imposed April 12, 2010, pursuant to CPL 440.46, upon the defendant’s conviction of criminal sale of a controlled substance in the third degree, upon a jury verdict, which sentence was originally imposed on July 18, 2001.

Ordered that the resentence is reversed, on the law, and the original sentence imposed on July 18, 2001, is reinstated.

Contrary to the defendant’s contention, the People may appeal from the resentence. The Legislature has permitted the People to appeal from a sentence that the People…

2Cases cited9 opinions

  1. People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. SosaAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. WitkowskiAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. LashleyAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. NewtonAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by2 opinions

  1. People v. WalltowerAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. JeffersonAppellate Division of the Supreme Court of the State of New York · 2011

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