Opinion
2012-10-9
The PEOPLE of the State of New York, Respondent, v. Luis ARANA, also known as Fernando Franco, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about March 16, 2012, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for a de novo determination.
The People correctly concede that defendant is entitled to be brought before the court, provided with assigned counsel if eligible, and offered an opportunity to be heard on his motion for resentencing on his class B felony convictions. Although the sentences at issue run concurrently with the life sentences defendant is serving on his class A–1 felony convictions, and this Court has upheld the denial of resentencing on those convictions (45 A.D.3d 311, 844 N.Y.S.2d 696 [1st Dept. 2007],lv. dismissed9 N.Y.3d 1031, 852 N.Y.S.2d 16, 881 N.E.2d 1203 [2008] ), the statutory procedural requirements still apply ( see People v. Diaz, 68 A.D.3d 497, 889 N.Y.S.2d 448 [1st Dept. 2009] ). However, the motion court is under no obligation to conduct an evidentiary hearing.
We have considered and rejected defendant's argument for additional relief.