Court of Appeals of New York

Order allowing defendant's resentencing application and remitting the matter for resentencing is affirmed, where: 1) defendant has never been convicted of any crimes which eliminate the possibility of a merit time allowance under Correction law section 803(1)(d)(ii) within the relevant time period; 2) defendant meets all other eligibility criteria for resentencing under the Drug Law Reform Act; and 3) defendant is therefore eligible for resentencing.

Appellate Information

• Decided 10/16/2014
• Published 10/16/2014

Judges

• Abdus-Salaam

Court

• Court of Appeals of New York

Counsel