Langston v. Tomei
Cases that cite this one
1 later published case cites this decision.
- People v. Langston (Appellate Division of the Supreme Court of New York 2014)
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
“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). Here, the People moved to resettle the transcript of the sentencing proceedings in an underlying criminal action entitled People v Langston, pending in the Supreme Court, Kings County, under indictment No. 3508/02, to reflect that the correct sentence that was to have been imposed upon the petitioner upon his conviction of criminal possession of a weapon in the second degree was a determinate term of incarceration of 15 years, rather than five years. In an order dated March 29, 2011, the respondent Albert Tomei, a Justice of the Supreme Court, granted the People’s motion. On May 16, 2011, Justice Tomei resentenced the petitioner in accordance with the order. The petitioner appealed from the resentence.
The petitioner’s remedy is to raise his claims concerning the alleged impropriety of the procedures employed in resentencing him, or the term of imprisonment imposed after resentencing, on his appeal from the resentence (see CPL 450.10 [2]; 450.30 [3]; 470.15 [1]).
Case-law data current through September 30, 2026. Source: CourtListener bulk data.