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People v. Villar

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 2008
48 A.D.3d 282 (N.Y. App. Div. 2008)

Opinion

No. 2770.

February 14, 2008.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 22, 2006, which denied defendant's motion for resentencing under the Drug Law Reform Act (L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for further proceedings on defendant's resentencing motion.

Steven Banks, The Legal Aid Society, New York (Robert C. Newman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mark Dwyer of counsel), for respondent.

Before: Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.


In denying the resentencing application, the court held that eligibility is based on the prison time remaining for the crime for which resentencing is being sought, without regard to any other sentences the prisoner is simultaneously serving. As the People concede, defendant is eligible for resentencing under People v Paniagua ( 45 AD3d 98, lv denied 9 NY3d 992), where this Court held that eligibility is based on the potential release date on a defendant's longest prison term.


Summaries of

People v. Villar

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 2008
48 A.D.3d 282 (N.Y. App. Div. 2008)
Case details for

People v. Villar

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY VILLAR…

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

Date published: Feb 14, 2008

Citations

48 A.D.3d 282 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1401
849 N.Y.S.2d 886

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