From Casetext: Smarter Legal Research

People v. McCurdy

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 2007
46 A.D.3d 843 (N.Y. App. Div. 2007)

Opinion

No. 2006-01351.

December 18, 2007.

Appeal by the defendant from an order of the Supreme Court, Kings County (Hall, J.), dated January 12, 2006, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon a jury verdict, on May 17, 2004.

Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Before Santucci, J.P., Skelos, Lifson and Carni, JJ.


Ordered that the order is affirmed.

Contrary to the defendant's contention, since the defendant was fewer than three years from parole eligibility, the Supreme Court properly denied his motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643; see People v Thomas, 38 AD3d 319; People v Nolasco, 37 AD3d 622; People v Thomas, 35 AD3d 895; People v Parris, 35 AD3d 891; People v Bautista, 26 AD3d 230).

[See 11 Misc 3d 757 (2006).]


Summaries of

People v. McCurdy

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 2007
46 A.D.3d 843 (N.Y. App. Div. 2007)
Case details for

People v. McCurdy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MCCURDY, Appellant

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

Date published: Dec 18, 2007

Citations

46 A.D.3d 843 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 10180
847 N.Y.S.2d 467

Citing Cases

People v. Vaughan

lter the defendant's sentence by directing that the drug possession sentence run concurrently with the other…

People v. McCurdy

January 29, 2008. Appeal from the 2d Dept: 46 AD3d 843 (Kings). Smith,…