People v. Gatewood
Cases that cite this one
9 later published cases cite this decision.
- SAFFOLD, ROBERT, PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Saffold (Appellate Division of the Supreme Court of New York 2017)
- People v. Saffold (Appellate Division of the Supreme Court of New York 2017)
- STANTON, MICHAEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Stanton (Appellate Division of the Supreme Court of New York 2014)
- People v. Stanton (Appellate Division of the Supreme Court of New York 2014)
- 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)
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
Defendant appeals from an order denying his application for resentencing pursuant to CPL 440.46, the 2009 Drug Law Reform Act (DLRA-3). Although defendant is eligible to apply for resentencing under DLRA-3 despite the fact that he had been released from incarceration and was thereafter reincarcerated for violating the conditions of his parole (see People v Paulin, 17 NY3d 238 [2011]; People v Wallace, 87 AD3d 824 [2011]), we nevertheless conclude that County Court did not abuse its discretion in determining that substantial justice required denial of his application (see People v Pipkin, 77 AD3d 770 [2010], lv denied 15 NY3d 955 [2010]). We reject defendant’s further contention that the court erred in receiving the limited testimony of the District Attorney regarding his personal knowledge of defendant’s criminal history (see generally CPL 440.46 [3]; L 2004, ch 738, § 23). Present — Smith, J.P, Centra, Fahey, Gorski and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.