Legal Opinion
People v. Bethea
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 2016No. 2014-09850PublishedCited by 3 opinions
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.), dated September 24, 2014, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on October 5, 2004.
Ordered that the order is affirmed.
A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys a statutory presumption in favor of resentencing (see People v Duke, 132 AD3d 893 [2015]; People v Brown, 115 AD3d 155,…
2Cases cited6 opinions
- People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- The People v. Jarrod BrownNew York Court of Appeals · 2015
- People v. KarimAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by3 opinions
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SaffoldAppellate Division of the Supreme Court of the State of New York · 2017
- SAFFOLD, ROBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017