Read People v. Mitchell, 114

In defendant's motion pursuant to Criminal Procedure Law sections 440.10 and 440.20 in Essex County Court, seeking to set aside his felony conviction and sentence for driving while intoxicated, the appellate division's affirmance of the denial of the motion is reversed where the amendments to Crim. P. Law 410.80(2) were meant to transfer from sentencing courts to receiving courts the full range of powers and duties necessary for the judiciary to carry out its responsibilities to enforce the terms and conditions of probationers, and to deal with relief from forfeitures and disabilities.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Court

• Court of Appeals of New York

Counsel