People v. Spivey

Appellate Division of the Supreme Court of New York

People v. Spivey

87 A.D.3d 880, 929 N.Y.2d 192

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

DecidedSeptember 8, 2011

StatusPublished

This text of 87 A.D.3d 880 (People v. Spivey) 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. Spivey, 87 A.D.3d 880, 929 N.Y.2d 192 (N.Y. Ct. App. 2011).

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Opinion

[881]*881Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application. Concur — Andrias, J.E, Friedman, Sweeny, Renwick and Román, JJ.

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[881]*881Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application. Concur — Andrias, J.E, Friedman, Sweeny, Renwick and Román, JJ.

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Bluebook (online)

87 A.D.3d 880, 929 N.Y.2d 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spivey-nyappdiv-2011.

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