People v. Darwin
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 (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
- People v. BeasleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WitkowskiAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by7 opinions
- People v. GoloAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GutierrezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. LeonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. De La CruzAppellate Division of the Supreme Court of the State of New York · 2018
- 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.