People v. Joseph

Appellate Division of the Supreme Court of New York

People v. Joseph

89 A.D.3d 1324, 932 N.Y.2d 918

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 2011·Published·Cited by 2 cases

Opinion

Lahtinen, J.

Defendant was convicted in 2004 of criminal sale of a controlled substance in the third degree and sentenced to a prison term of 3 to 9 years. In 2010, defendant applied to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). At the conclusion of the hearing that [1325] followed, County Court issued a bench decision denying the application, and defendant now appeals.

The record contains no written order denying defendant’s application for resentencing. We have recently held that in the absence of an appealable paper, we are without jurisdiction to consider defendant’s appeal (see People v Buckery, 84 AD3d 1588, 1589 [2011]). The appeal is dismissed, and the matter is remitted to County Court for the issuance of the required order (see id.; People v Peck, 46 AD3d 1098, 1099 [2007]).

Mercure, J.R, Spain, Malone Jr. and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, and matter remitted to the County Court of Schenectady County for further proceedings not inconsistent with this Court’s decision.

Free access — add to your briefcase to read the full text and ask questions with AI

Lahtinen, J.

Defendant was convicted in 2004 of criminal sale of a controlled substance in the third degree and sentenced to a prison term of 3 to 9 years. In 2010, defendant applied to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). At the conclusion of the hearing that [1325] followed, County Court issued a bench decision denying the application, and defendant now appeals.

The record contains no written order denying defendant’s application for resentencing. We have recently held that in the absence of an appealable paper, we are without jurisdiction to consider defendant’s appeal (see People v Buckery, 84 AD3d 1588, 1589 [2011]). The appeal is dismissed, and the matter is remitted to County Court for the issuance of the required order (see id.; People v Peck, 46 AD3d 1098, 1099 [2007]).

Mercure, J.R, Spain, Malone Jr. and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, and matter remitted to the County Court of Schenectady County for further proceedings not inconsistent with this Court’s decision.

People v. Joseph, 89 A.D.3d 1324, 932 N.Y.2d 918 (N.Y. Ct. App. 2011).

Pincite

89 A.D.3d 1324 (People v. Joseph) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related