People v. Villar

Appellate Division of the Supreme Court of New York

People v. Villar

48 A.D.3d 282, 849 N.Y.S.2d 886

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

DecidedFebruary 14, 2008

StatusPublished

This text of 48 A.D.3d 282 (People v. Villar) 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. Villar, 48 A.D.3d 282, 849 N.Y.S.2d 886 (N.Y. Ct. App. 2008).

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Opinion

Order, Supreme [283]*283Court, New York County (Ronald A. Zweibel, J.), entered on or about May 22, 2006, which denied defendant’s motion for resentencing under the Drug Law Reform Act (L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for further proceedings on defendant’s resentencing motion.

In denying the resentencing application, the court held that eligibility is based on the prison time remaining for the crime for which resentencing is being sought, without regard to any other sentences the prisoner is simultaneously serving. As the People concede, defendant is eligible for resentencing under People v Paniagua (45 AD3d 98 [2007], lv denied 9 NY3d 992 [2007]), where this Court held that eligibility is based on the potential release date on a defendant’s longest prison term. Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.

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Order, Supreme [283]*283Court, New York County (Ronald A. Zweibel, J.), entered on or about May 22, 2006, which denied defendant’s motion for resentencing under the Drug Law Reform Act (L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for further proceedings on defendant’s resentencing motion.

In denying the resentencing application, the court held that eligibility is based on the prison time remaining for the crime for which resentencing is being sought, without regard to any other sentences the prisoner is simultaneously serving. As the People concede, defendant is eligible for resentencing under People v Paniagua (45 AD3d 98 [2007], lv denied 9 NY3d 992 [2007]), where this Court held that eligibility is based on the potential release date on a defendant’s longest prison term. Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.

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Bluebook (online)

48 A.D.3d 282, 849 N.Y.S.2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villar-nyappdiv-2008.

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