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People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1382 (N.Y. App. Div. 2007)

Opinion

No. KA 06-01212.

November 9, 2007.

Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered June 21, 2006 pursuant to the 2005 Drug Law Reform Act. The order, among other things, granted defendant's application for resentencing upon defendant's 2004 conviction of criminal possession of a controlled substance in the second degree.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MALANCHA CHANDA OF COUNSEL), FOR RESPONDENT.

Present: Scudder, P.J., Gorski, Centra, Fahey and Green, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1) granting his application for resentencing upon his 2004 conviction of criminal pos-session of a controlled substance in the second degree (Penal Law § 220.18 [former (1)]). Defendant's contentions are the same as those raised by the defendant in People v Williams ( 45 AD3d 1377) and, for reasons stated in our decision in that case, we reverse the order and remit the matter to County Court to determine defendant's application in compliance with DLRA-2.


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1382 (N.Y. App. Div. 2007)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY ALLEN…

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

Date published: Nov 9, 2007

Citations

45 A.D.3d 1382 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8622
844 N.Y.S.2d 742