Legal Opinion

People v. Taylor

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

Decided November 29, 2011PublishedCited by 2 opinions

1Opinion of the Court

The Supreme Court erred in denying the defendant’s motion to be resentenced pursuant to CPL 440.46 on the ground that his status as a reincarcerated parole violator made him ineligible for relief under the 2009 Drug Law Reform Act, since “prisoners who have been paroled, and then reincarcerated for violating their parole, are not for that reason barred from seeking relief under the statute” (People v Paulin, 17 NY3d 238, 242 [2011]; see People v Vidal, 87 AD3d 1085 [2011]; People v Santiago, 87 AD3d 1077 [2011]; People v Howard, 85 AD3d 1202 [2011]).

Furthermore, the Supreme Court erred in…

2Cases cited7 opinions

  1. People v. PaulinNew York Court of Appeals · 2011
  2. People v. SantiagoNew York Court of Appeals · 2011
  3. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. VidalAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by2 opinions

  1. People v. LankfordNew York Supreme Court · 2012
  2. People v. VaughnAppellate Division of the Supreme Court of the State of New York · 2015

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