Appellate Division of the Supreme Court of New York, 2011

People v. Jenkins

Appellate Division of the Supreme Court of New York · Decided July 28, 2011

86 A.D.3d 522; 927 N.Y.2d 598

Cases that cite this one

6 later published cases cite this decision.

BENITEZ-FERNANDEZ, ONACIMO, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Benitez-Fernandez (Appellate Division of the Supreme Court of New York 2012)
People v. Benitez-Fernandez (Appellate Division of the Supreme Court of New York 2012)
People v. Allen (Appellate Division of the Supreme Court of New York 2013)
People v. Allen (Appellate Division of the Supreme Court of New York 2013)
People v. Scarborough (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

When a defendant moves for resentencing under the Drug Law Reform Act, the defendant is entitled to be brought before the court and given an opportunity to be heard (People v Figueroa, 21 AD3d 337, 339 [2005], Iv denied 6 NY3d 753 [2005]). In this case defendant was never before the court on *523his resentencing motion. Thus the determination denying resentencing must be vacated and the matter remanded for a hearing on defendant’s CPL 440.46 motion. Concur — Saxe, J.P., Sweeny, Catterson, Freedman and Manzanet-Daniels, JJ.

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