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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2011
83 A.D.3d 734 (N.Y. App. Div. 2011)

Opinion

No. 2010-07367.

April 5, 2011.

Appeal by the defendant from an order of the Supreme Court, Queens County (Modica, J.), dated June 25, 2010, which, without a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, after a nonjury trial, on March 4, 1998.

Lynn W. L. Fahey, New York, N.Y. (Andrew E. Abraham of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and John F. McGoldrick of counsel), for respondent.

Before: Prudenti, PJ., Dillon, Balkin and Sgroi, JJ.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the defendant's motion.

For the reasons stated in People v Phillips ( 82 AD3d 1011 [2d Dept 2011]), the defendant's status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to CPL 440.46. Accordingly, we remit the matter to the Supreme Court, Queens County, for further proceedings on the defendant's motion.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2011
83 A.D.3d 734 (N.Y. App. Div. 2011)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WATURI JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 2011

Citations

83 A.D.3d 734 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2901
919 N.Y.S.2d 906

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