People v. Jenkins
86 A.D.3d 522, 927 N.Y.2d 598
Appellate Division of the Supreme Court of the State of New York·Decided July 28, 2011·Published·Cited by 6 cases
Opinion
When a defendant moves for resentencing under the Drug Law Reform Act, the defendant is entitled to be brought before the court and given an opportunity to be heard (People v Figueroa, 21 AD3d 337, 339 [2005], Iv denied 6 NY3d 753 [2005]). In this case defendant was never before the court on [523]*523his resentencing motion. Thus the determination denying resentencing must be vacated and the matter remanded for a hearing on defendant’s CPL 440.46 motion. Concur — Saxe, J.P., Sweeny, Catterson, Freedman and Manzanet-Daniels, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Jenkins, 86 A.D.3d 522, 927 N.Y.2d 598 (N.Y. Ct. App. 2011).
86 A.D.3d 522 (People v. Jenkins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Allen
105 A.D.3d 969 (Appellate Division of the Supreme Court of New York, 2013)
BENITEZ-FERNANDEZ, ONACIMO, PEOPLE v
Appellate Division of the Supreme Court of New York, 2012
People v. Benitez-Fernandez
96 A.D.3d 1665 (Appellate Division of the Supreme Court of New York, 2012)
People v. Scarborough
88 A.D.3d 585 (Appellate Division of the Supreme Court of New York, 2011)