People v. Brown
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 (Erlbaum, J.), dated March 12, 2010, which, without a hearing, denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed by the same court (Rotker, J.), after a jury trial, on June 10, 1993.
Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings and a new determination of the motion.
Contrary to the People’s contention, the…
2Cases cited6 opinions
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SosaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LashleyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. OrtaAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by8 opinions
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- People v. PrinceAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
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