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People v. James

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 8, 2008
48 A.D.3d 1244 (N.Y. App. Div. 2008)

Opinion

No. KA 06-01440.

February 8, 2008.

Appeal from a new sentence of the Onondaga County Court (William D. Walsh, J.), rendered April 26, 2006 imposed upon defendant's conviction of criminal possession of a controlled substance in the second degree. Defendant was resentenced pursuant to the 2005 Drug Law Reform Act upon his 2004 conviction.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (LISA FLEISCHMANN OF COUNSEL), FOR RESPONDENT.

Present: Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.


It is hereby ordered that the sentence so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a new sentence pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1) granted upon his application to be resentenced upon his 2004 conviction of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [former (1)]). Defendant's contentions are the same as those raised by the defendant in People v Williams (45 AD3d 1377 [2007]) and, for reasons stated in our decision in that case, we reverse the sentence and remit the matter to County Court to determine defendant's application in compliance with DLRA-2.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 8, 2008
48 A.D.3d 1244 (N.Y. App. Div. 2008)
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JAMES…

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

Date published: Feb 8, 2008

Citations

48 A.D.3d 1244 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1208
849 N.Y.S.2d 923

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