13 Cited authorities

  1. People v. Paulin

    2011 N.Y. Slip Op. 5544 (N.Y. 2011)   Cited 137 times
    Holding that although drug offenders who have committed parole violations are not statutorily ineligible for resentencing: “[i]t may be, of course, that many parole violators have shown by their conduct that they do not deserve relief from their sentences. .... if that is the case, courts can deny their resentencing applications”
  2. People v. Elmer

    2012 N.Y. Slip Op. 5125 (N.Y. 2012)   Cited 111 times
    Recognizing that CPLR's requirement that an appeal could only be taken from a "written order" not relevant in a criminal appeal
  3. People v. Utsey

    7 N.Y.3d 398 (N.Y. 2006)   Cited 119 times
    Noting that the statute includes "ameliorative provisions designed to afford distinct sentencing relief to defendants who committed their crimes prior to its effective date"
  4. People v. Williams

    2012 N.Y. Slip Op. 3232 (N.Y. 2012)   Cited 59 times

    2012-04-26 The PEOPLE of the State of New York, Respondent, v. Leroy WILLIAMS, Appellant. Center for Appellate Litigation, New York City (Katharine Skolnick and Robert S. Dean of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Justin J. Braun, Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent. CIPARICK Center for Appellate Litigation, New York City (Katharine Skolnick and Robert S. Dean of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Justin

  5. People v. Hale

    93 N.Y.2d 454 (N.Y. 1999)   Cited 82 times
    Holding a warrantless probation search constitutional based on the fact that a negotiated sentence that included a search provision carried “as much if not more constitutional weight" than a state regulation authorizing such searches
  6. People v. Garson

    2006 N.Y. Slip Op. 2409 (N.Y. 2006)   Cited 61 times
    In People v Garson (6 NY3d 604), the Court of Appeals held that a judge's acceptance of a benefit for the violation of his duty as a public servant, as defined by the Rules of Judicial Conduct, could support a conviction of receiving reward for official misconduct in the second degree in violation of Penal Law § 200.25.
  7. People v. Sosa

    2012 N.Y. Slip Op. 1101 (N.Y. 2012)   Cited 45 times
    Noting that the 2009 DLRA should be interpreted in a manner "consistent with the legislation's necessarily broad remedial objectives in addressing the sequelae of the prior sentencing regimen and should not be effectively nullified as a matter of statutory interpretation"
  8. People v. Watson

    2012 N.Y. Slip Op. 8169 (N.Y. 2012)   Cited 21 times
    Applying New York facilitation statute to defendant who brought undercover officer to dealer, providing dealer opportunity to sell drugs to officer
  9. People v. Kisina

    2010 N.Y. Slip Op. 1374 (N.Y. 2010)   Cited 20 times
    In People v. Kisina, 14 N.Y.3d 153, 897 N.Y.S.2d 684, 924 N.E.2d 792 (2010), a physician charged with falsifying business records submitted documents to State Farm Insurance falsely claiming that she had given patients certain treatments.
  10. People v. Steven Acevedo

    2010 N.Y. Slip Op. 3472 (N.Y. 2010)   Cited 15 times
    In People v Acevedo (14 NY3d 828 [2010]), we held that neither circumstance is present when a court imposes a determinate sentence under the 2004 DLRA. Such resentencing constitutes "alteration of the existing sentence as authorized by law" (id. at 831), rather than imposition of a new sentence or of an additional term of imprisonment.