Court of Appeals of New York

In a motion for resentencing under the Drug Law Reform Act of 2009, CPL 440.46 for defendant's 2004 conviction for criminal sale of a controlled substance, the Appellate Division's order is reversed where: 1) defendant was eligible for resentencing because his robbery conviction occurred after, not prior to, his drug offense at issue; and 2) the Supreme Court committed error by not giving defendant a mandatory hearing on his resentencing application.

Appellate Information

• Published 2015/11/23

Judges

• ABDUS-SALAAM

Court

• Court of Appeals of New York

Counsel