§Why CasetextPricing

The People, Respondent,v.Tyrell Norris, Appellant.

Brief

25 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. Ramirez

    89 N.Y.2d 444 (N.Y. 1996)   Cited 174 times
    Upholding consecutive robbery sentences where the defendant forcibly took the belongings of two security guards in a hotel parking lot

  3. People v. Gomberg

    38 N.Y.2d 307 (N.Y. 1975)   Cited 290 times   1 Legal Analyses
    In Gomberg we required only that the court be "satisfied" that the waiver was informed (38 NY2d at 313); the actual task of informing the defendant as to the conflict, we indicated, was the ethical and representational obligation of counsel (id. at 314).

  4. 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"

  5. In Matter of Murray v. Goord

    1 N.Y.3d 29 (N.Y. 2003)   Cited 88 times
    Finding DOCCS' only option is to comply with the last order of commitment

  6. People v. Mills

    2008 N.Y. Slip Op. 9854 (N.Y. 2008)   Cited 53 times
    Noting that “[s]urely the Legislature did not intend fresh crimes to trigger resentencing opportunities,” when it rejected the argument that a defendant who violated parole could be resentenced for the underlying offense under similar statutory reforms enacted in 2005

  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. Vaughan

    62 A.D.3d 122 (N.Y. App. Div. 2009)   Cited 19 times

    March 24, 2009. APPEAL from an order of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), entered October 17, 2006. The order denied defendant's motion pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23) to (a) vacate a sentence of that court (Sheldon Greenberg, J.), imposed May 22, 1990 upon his conviction of criminal possession of a controlled substance in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and assault in the

  9. 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.

  10. People v. Carpenter

    19 A.D.3d 730 (N.Y. App. Div. 2005)   Cited 19 times   1 Legal Analyses

    14729. June 9, 2005. Mercure, J. Appeals (1) from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 29, 2002, convicting defendant upon his plea of guilty of the crimes of rape in the first degree (two counts), sodomy in the first degree (four counts), aggravated sexual abuse in the second degree (two counts), and use of a child in a sexual performance (three counts), and (2) by permission, from an order of said court, entered August 6, 2003, which partially denied defendant's

  11. Section 70.25 - Concurrent and consecutive terms of imprisonment

    N.Y. Penal Law § 70.25   Cited 1,659 times
    Granting a sentencing court the power to specify that a term of imprisonment runs either concurrently or consecutively with respect to "any undischarged term of imprisonment imposed at a previous time"

  12. Section 70.06 - Sentence of imprisonment for second felony offender

    N.Y. Penal Law § 70.06   Cited 1,195 times
    Enhancing a sentence on the basis of a prior felony conviction

  13. Section 70.00 - Sentence of imprisonment for felony

    N.Y. Penal Law § 70.00   Cited 1,131 times
    Prescribing a maximum sentence of four years for class E felonies

  14. Section 70.02 - [Effective 9/1/2024] Sentence of imprisonment for a violent felony offense

    N.Y. Penal Law § 70.02   Cited 643 times
    Defining “violent felony offenses”

  15. Section 440.46 - Motion for resentence; certain controlled substance offenders

    N.Y. Crim. Proc. Law § 440.46   Cited 600 times

    1. Any person in the custody of the department of corrections and community supervision convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior to January thirteenth, two thousand five, who is serving an indeterminate sentence with a maximum term of more than three years, may, except as provided in subdivision five of this section, upon notice to the appropriate district attorney, apply to be resentenced to a determinate sentence in accordance

  16. Section 70.10 - Sentence of imprisonment for persistent felony offender

    N.Y. Penal Law § 70.10   Cited 508 times
    Establishing that persistent violent felony offenders may receive higher sentences

  17. Section 70.04 - Sentence of imprisonment for second violent felony offender

    N.Y. Penal Law § 70.04   Cited 504 times
    Establishing a statutory determinate term within the range of 10 to 25 years

  18. Section 70.70 - Sentence of imprisonment for felony drug offender other than a class A felony

    N.Y. Penal Law § 70.70   Cited 249 times
    Providing that maximum sentence for Class C drug felony committed by someone in worst criminal history class is nine years

  19. Section 70.71 - Sentence of imprisonment for a class A felony drug offender

    N.Y. Penal Law § 70.71   Cited 126 times

    1. For the purposes of this section, the following terms shall mean: (a) "Felony drug offender" means a defendant who stands convicted of any class A felony as defined in article two hundred twenty of this chapter. (b) "Second felony drug offender" means a second felony offender as that term is defined in subdivision one of section 70.06 of this article, who stands convicted of and is to be sentenced for any class A felony as defined in article two hundred twenty of this chapter. (c) "Violent felony

  20. Section 70.80 - Sentences of imprisonment for conviction of a felony sex offense

    N.Y. Penal Law § 70.80   Cited 58 times
    Stating that the sentence for a class B felony sex offense is a determinate term of at least five years and no more than twenty-five years