People v. Johnson
Cases that cite this one
5 later published cases cite this decision.
- People v. Degrafinreid (Appellate Division of the Supreme Court of New York 2011)
- People v. Dennis (Appellate Division of the Supreme Court of New York 2011)
- People v. Brown (Appellate Division of the Supreme Court of New York 2011)
- People v. Browne (Appellate Division of the Supreme Court of New York 2011)
- People v. Overton (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Queens County (Módica, J.), dated June 25, 2010, which, without a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, after a nonjury trial, on March 4, 1998.
Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the defendant’s motion.
For the reasons stated in People v Phillips (82 AD3d 1011 [2d Dept 2011]), the defendant’s status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to CPL 440.46. Accordingly, we remit the matter to the Supreme Court, Queens County, for further proceedings on the defendant’s motion. Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.