Court of Appeals of New York

Resentencing under the Drug Law Resentencing Act of 2009 is affirmed, where the defendant's prior violent felony was not an offense that occurred "within the preceding ten years" so as to make the defendant ineligible for resentencing, as the 10-year retrospect extends from the date of the resentence application and not the date of the crimes for which the defendant sought resentencing.

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• David P. Stromes, Barbara Zolot