People v. Cuello

Appellate Division of the Supreme Court of New York

People v. Cuello

77 A.D.3d 500, 908 N.Y.S.2d 586

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

DecidedOctober 19, 2010

StatusPublished

Cited by4 cases

This text of 77 A.D.3d 500 (People v. Cuello) 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. Cuello, 77 A.D.3d 500, 908 N.Y.S.2d 586 (N.Y. Ct. App. 2010).

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Opinion

Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Pratts, 74 AD3d 536 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.

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Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Pratts, 74 AD3d 536 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.

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Bluebook (online)

77 A.D.3d 500, 908 N.Y.S.2d 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cuello-nyappdiv-2010.

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