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People v. Barber

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2007
46 A.D.3d 359 (N.Y. App. Div. 2007)

Opinion

No. 2212.

December 18, 2007.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about August 30, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (David A. Crow of counsel), and Weil, Gotshal, Manges, LLP, New York (Brian J. Link of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.


The court properly determined that defendant was ineligible for resentencing (see Correction Law § 851, [2-b]), and that even if he were eligible, substantial justice would dictate the denial of his application (see e.g. People v Gonzalez, 29 AD3d 400, lv denied 7 NY3d 867). We have considered and rejected defendant's remaining arguments.


Summaries of

People v. Barber

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2007
46 A.D.3d 359 (N.Y. App. Div. 2007)
Case details for

People v. Barber

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BARBER, Appellant

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

Date published: Dec 18, 2007

Citations

46 A.D.3d 359 (N.Y. App. Div. 2007)
846 N.Y.S.2d 908

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