People v. Scarborough
Cases that cite this one
6 later published cases cite this decision.
- 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)
- BENITEZ-FERNANDEZ, ONACIMO, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Martin (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
The court denied the motion on the ground of ineligibility. The court also determined, in the alternative, that substantial justice dictated denial of the motion.
Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug conviction but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Under the circumstances of this case, defendant is entitled to further proceedings on the issue of substantial justice.
An applicant for resentencing under the Drug Law Reform Act is entitled to be “brought before the court and given an opportunity to be heard” (People v Soler, 45 AD3d 499 [2007], lv dismissed 9 NY3d 1009 [2007]). As the Feople concede, defendant was not produced in court on the date the court handed down its decision. Nor does the record show that he was given
Defendant’s request for assignment of the case to a different justice is denied. Concur — Catterson, J.E, Richter, ManzanetDaniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.