Legal Opinion
People v. Ashby
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2012PublishedCited by 2 opinions
1Opinion of the Court
The defendant contends, and the People correctly concede, that contrary to the Supreme Court’s determination, his status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46 (see People v Paulin, 17 NY3d 238, 241-242 [2011]; People v Ashton, 95 AD3d 1137 [2012]; People v Cobb, 90 AD3d 779 [2011]; People v Rodriguez, 89 AD3d 1042 [2011]; People v Martin, 89 AD3d 1039 [2011]). Accordingly, the order appealed from must be reversed, and the matter remitted to the Supreme Court, Kings County,…
2Cases cited5 opinions
- People v. PaulinNew York Court of Appeals · 2011
- People v. CobbAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AshtonAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by2 opinions
- People v. MooresAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MooresAppellate Division of the Supreme Court of the State of New York · 2014