§Why CasetextPricing

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

Brief

12 Cited authorities

  1. People v. Catu

    4 N.Y.3d 242 (N.Y. 2005)   Cited 506 times   7 Legal Analyses
    Vacating guilty plea when defendant not told of PRS because PRS is a "definite, immediate and largely automatic" direct consequence of sentence

  2. 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”

  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. 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.

  5. People v. Dais

    2012 N.Y. Slip Op. 4201 (N.Y. 2012)   Cited 8 times

    Nos. 114 115. 2012-05-31 The PEOPLE of the State of New York, Respondent, v. Quinton DAIS, Appellant. The People of the State of New York, Respondent, v. Donald Stanley, Appellant. Center for Appellate Litigation, New York City (Abigail Everett and Robert S. Dean of counsel), for appellant in the first above-entitled action. Cyrus R. Vance, Jr., District Attorney, New York City (Caitlan J. Halligan, Alan Gadlin and Christopher P. Marinelli of counsel), for respondent in the first above-entitled action

  6. People v. Berry

    89 A.D.3d 954 (N.Y. App. Div. 2011)   Cited 8 times

    2011-11-15 The PEOPLE, etc., respondent, v. LA–TEEK BERRY, appellant. Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Samuel K. Mersky on the brief), for respondent. PETER B. SKELOS Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Samuel K. Mersky on the brief)

  7. People v. Concepcion

    85 A.D.3d 811 (N.Y. App. Div. 2011)   Cited 8 times

    No. 2009-11566. June 7, 2011. Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated November 30, 2009, which, after a hearing, denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on July 9, 2004. Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney

  8. People v. Highsmith

    79 A.D.3d 1741 (N.Y. App. Div. 2010)   Cited 3 times

    No. KA 09-00832 December 30, 2010. Appeal from an order of the Erie County Court (Thomas R Franczyk, J.), entered December 15, 2008 pursuant to the 2004 and 2005 Drug Law Reform Acts. The order granted defendant's application for resentencing upon defendant's conviction of criminal possession of a controlled substance in the first degree and criminal sale of a controlled substance in the second degree (two counts) and specified the sentence that would be imposed. THE LEGAL AID BUREAU OF BUFFALO,

  9. 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"

  10. Section 400.21 - Procedure for determining whether defendant is a second felony offender or a second felony drug offender

    N.Y. Crim. Proc. Law § 400.21   Cited 924 times

    1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a felony has previously been convicted of a predicate felony and may be a second felony offender as defined in section 70.06 of the penal law or a second felony drug offender as defined in either paragraph (b) of subdivision one of section 70.70 of the penal law, or paragraph (b) of subdivision one of section 70.71 of the penal law. 2. Statement

  11. 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

  12. 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