People v. Ferrin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Because the resentence occurred more than 30 days after the original sentence, defendant may not now appeal from the judgment, but only from the resentence (see, CPL 450.30 [3]; People v Blim, 54 AD2d *883771). Thus, defendant may not raise on this appeal any matter other than the propriety of his resentence. Moreover, reading CPL 330.30 together with CPL 450.30 (3), we conclude that the language providing that a CPL 330.30 motion may be made at any time "before sentence” should be construed to mean at any time before the original sentence. Thus,…
2Cases cited1 opinion
- People v. BlimAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. CobleAppellate Division of the Supreme Court of the State of New York · 2005
- People v. LuddingtonAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ParenteAppellate Division of the Supreme Court of the State of New York · 2004
- People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 2003
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