Legal Opinion
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2014PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Cohen, J.
On this appeal, we are asked to consider whether a parolee is in the “custody” of the New York State Department of Corrections and Community Supervision (hereinafter DOCCS) within the meaning of CPL 440.46 (1), which allows a person serving a sentence for a class B drug felony committed prior to 2005 to apply for resentencing. For the reasons stated below, we agree with the Supreme Court’s determination that the statute, as amended in 2011, does not distinguish between defendants who are incarcerated and those who are on parole for purposes of determining…
2Cases cited14 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Riley v. County of BroomeNew York Court of Appeals · 2000
- People v. PaulinNew York Court of Appeals · 2011
- Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
- Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
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3Cited by4 opinions
- The People v. Jarrod BrownNew York Court of Appeals · 2015
- Matter of Ly v. New York City Employees Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Ramirez v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2020
- People Ex Rel. Baez v. Superintendent, Queensboro Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2015