People v. Gonzalez
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, Queens County (Mullings, J.), dated September 30, 2010, which, *876after a hearing, denied his motion for resentencing 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 his plea of guilty, on September 5, 2008.
Ordered that the order is affirmed.
A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys “a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice…
2Cases cited6 opinions
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- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WitkowskiAppellate Division of the Supreme Court of the State of New York · 2011
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