People v. Buckery

Appellate Division of the Supreme Court of New York

People v. Buckery

84 A.D.3d 1588, 922 N.Y.S.2d 826

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 2011

StatusPublished

Cited by8 cases

This text of 84 A.D.3d 1588 (People v. Buckery) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Buckery, 84 A.D.3d 1588, 922 N.Y.S.2d 826 (N.Y. Ct. App. 2011).

Pincite

Opinion

Spain, J.P.

Appeal from a decision of the County Court of Warren County (Hall, Jr., J.), dated December 22, 2009, which denied defendant’s application to be resentenced under the Drug Law Reform Act of 2009.

Following a jury trial in 2004, defendant was convicted of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree and sentenced as a persistent felony offender to a prison term of 20 years to life. Upon appeal, this Court affirmed (People v Buckery, 20 AD3d 821 [2005], lv denied 5 NY3d 826 [2005]). In 2009, defendant brought an application to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, codified at CPL 440.46). At the conclusion of the hearing that followed, County Court denied defendant’s application, and this appeal ensued.

“Appeals in criminal cases are strictly limited to those autho[1589]*1589rized by statute” (People v Bautista, 7 NY3d 838, 838-839 [2006]; see CPL 450.10, 450.15, 450.20). Although the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), which is incorporated by reference in the Drug Law Reform Act of 2009 (see CPL 440.46 [3]), permits a defendant to appeal as of right “from an order denying resentencing” (L 2004, ch 738, § 23 [emphasis added]), there is nothing in the record to suggest that County Court’s bench decision was reduced to a written order as required.

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Spain, J.P.

Appeal from a decision of the County Court of Warren County (Hall, Jr., J.), dated December 22, 2009, which denied defendant’s application to be resentenced under the Drug Law Reform Act of 2009.

Following a jury trial in 2004, defendant was convicted of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree and sentenced as a persistent felony offender to a prison term of 20 years to life. Upon appeal, this Court affirmed (People v Buckery, 20 AD3d 821 [2005], lv denied 5 NY3d 826 [2005]). In 2009, defendant brought an application to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, codified at CPL 440.46). At the conclusion of the hearing that followed, County Court denied defendant’s application, and this appeal ensued.

“Appeals in criminal cases are strictly limited to those autho[1589]*1589rized by statute” (People v Bautista, 7 NY3d 838, 838-839 [2006]; see CPL 450.10, 450.15, 450.20). Although the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), which is incorporated by reference in the Drug Law Reform Act of 2009 (see CPL 440.46 [3]), permits a defendant to appeal as of right “from an order denying resentencing” (L 2004, ch 738, § 23 [emphasis added]), there is nothing in the record to suggest that County Court’s bench decision was reduced to a written order as required.

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Bluebook (online)

84 A.D.3d 1588, 922 N.Y.S.2d 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-buckery-nyappdiv-2011.

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