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You are here: Home1 / Criminal Law2 / Motion for Resentencing Under CPL 440.46 (Drug Reform Law) Properly De...
Criminal Law

Motion for Resentencing Under CPL 440.46 (Drug Reform Law) Properly Denied

The Second Department affirmed Supreme Court’s denial of defendant’s motion for resentencing pursuant to CPL 440.46:

When a defendant is eligible for resentencing pursuant to CPL 440.46, there is ” a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates the denial thereof'”…. “However, resentencing is not automatic, and the determination is left to the discretion of the Supreme Court”…. In exercising its discretion, a court may “consider any facts or circumstances relevant to the imposition of a new sentence which are submitted by [the defendant] or the people” (L 2004, ch 738, § 23), including the defendant’s institutional record of confinement, the defendant’s prior criminal history, the severity of the current offense, whether the defendant has shown remorse, and whether the defendant has a history of parole or probation violations…. Relevant considerations include the defendant’s status as a probation or parole violator as a consequence of the conviction for which resentencing is sought…, and the defendant’s conviction of a violent felony subsequent to the commission of the narcotics felony for which resentencing is sought…. People v Parker, 2013 NY Slip Op 04831, 2nd Dept 6-26-13

 

June 26, 2013
Tags: DRUG LAW REFORM ACT, RE-SENTENCING, Second Department, VINDICTIVE SENTENCING
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