Legal Opinion
People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 2 opinions
1Opinion of the Court
*782“Pursuant to the clear terms of CPL 440.46, the defendant is not eligible for resentencing on his conviction of conspiracy in the second degree, since that crime is not one of the offenses enumerated in article 220 of the Penal Law” (People v Wilson, 84 AD3d 1281 [2011]; see People v Williams, 84 AD3d 1279, 1280 [2011]; People v Murray, 82 AD3d 794 [2011]). Moreover, the “unavailability of resentencing upon a conviction of conspiracy in the second degree does not violate the defendant’s federal and state constitutional rights to equal protection of the laws” (People v Williams, 84 AD3d at…
2Cases cited6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- People v. CustodioAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CustodioAppellate Division of the Supreme Court of the State of New York · 2013