People v. Dennis
Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Kings County (Parker, J.), dated January 13, 2010, which 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, as a second felony offender, upon his plea of guilty, on August 8, 2002.
Ordered that the order is affirmed.
Contrary to the People’s contention, while a person’s status as a parole violator may be relevant in determining whether “substantial justice dictates that the application should be denied” on the merits (L 2004, ch 738, § 23; see CPL 440.46 [3]), the defendant’s status as a reincarcerated parole violator
Case-law data current through December 31, 2025. Source: CourtListener bulk data.