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People v. Rudder

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 2009
68 A.D.3d 570 (N.Y. App. Div. 2009)

Opinion

No. 1830.

December 17, 2009.

Judgment of resentence, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered March 27, 2008, revoking a prior sentence of probation and resentencing defendant to a term of 1½ years, unanimously modified, on the law, to the extent of vacating the sentence and remanding to Supreme Court for resentencing, and otherwise affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Before: Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.


As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant's request for a remedy other than a resentencing proceeding.


Summaries of

People v. Rudder

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 2009
68 A.D.3d 570 (N.Y. App. Div. 2009)
Case details for

People v. Rudder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RUDDER…

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

Date published: Dec 17, 2009

Citations

68 A.D.3d 570 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9387
889 N.Y.S.2d 845