People v. Pratts
This text of 38 A.D.3d 1339 (People v. Pratts) 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.
Opinion
Appeal from an amended order of the Livingston County Court (Ronald A. Cicoria, J.), entered February 6, 2006. The amended order denied defendant’s application to be resentenced pursuant to Penal Law § 70.71.
It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously reversed on the law and the matter is remitted to Livingston County Court for a hearing in accordance with the following memorandum: The People correctly concede that County Court erred in denying the application of defendant for discretionary resentencing pursuant to Penal Law § 70.71 without conducting a hearing. We therefore reverse the amended order and remit the matter to County Court for a hearing on defendant’s application (see id.). Present—Gorski, J.P, Martoche, Smith, Lunn and Pine, JJ.
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Cite This Page — Counsel Stack
38 A.D.3d 1339, 830 N.Y.S.2d 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pratts-nyappdiv-2007.