Legal Opinion

People v. Darwin

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 2013PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from an order of the Supreme Court, Queens County (Wong, J.), dated May 25, 2011, which, after 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, upon a jury verdict, on January 3, 1995.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 is entitled to “a presumption in favor of granting a motion for resentencing relief absent a showing that substantial *808justice dictates the denial…

2Cases cited6 opinions

  1. People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. WitkowskiAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. GoloAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. GutierrezAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. LeonAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. De La CruzAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. GoloAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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