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People v. Hardmon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1394 (N.Y. App. Div. 2007)

Opinion

No. KA 06-01444.

November 9, 2007.

Appeal from a new sentence of the Onondaga County Court (William D. Walsh, J.), rendered April 24, 2006 imposed upon defendant's conviction of criminal possession of a controlled substance in the second degree. Defendant was resentenced pursuant to the 2005 Drug Law Reform Act upon his 2004 conviction.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (GERALD T. BARTH OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present: Scudder, P.J., Hurlbutt, Smith, Fahey and Pine, JJ.


It is hereby ordered that the sentence 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: County Court granted the application of defendant for resentencing pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1) upon his 2004 conviction of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [former (1)]), and defendant now appeals from the new sentence. Defendant's contentions are the same as those raised by the defendant in People u Williams ( 45 AD3d 1377) and, for reasons stated in our decision in that case, we reverse the sentence and remit the matter to County Court to determine defendant's application in compliance with DLRA-2.


Summaries of

People v. Hardmon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1394 (N.Y. App. Div. 2007)
Case details for

People v. Hardmon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY HARDMON…

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

Date published: Nov 9, 2007

Citations

45 A.D.3d 1394 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8646
844 N.Y.S.2d 747

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