People v. Rudder

Appellate Division of the Supreme Court of New York

People v. Rudder

68 A.D.3d 570, 889 N.Y.2d 845

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

DecidedDecember 17, 2009

StatusPublished

This text of 68 A.D.3d 570 (People v. Rudder) 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. Rudder, 68 A.D.3d 570, 889 N.Y.2d 845 (N.Y. Ct. App. 2009).

Pincite

Opinion

As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant’s request for a remedy other than a resentencing proceeding. Concur— Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

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As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant’s request for a remedy other than a resentencing proceeding. Concur— Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

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Bluebook (online)

68 A.D.3d 570, 889 N.Y.2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rudder-nyappdiv-2009.