People v. Walker-Llanos
Cases that cite this one
5 later published cases cite this decision.
- People v. Ward (Appellate Division of the Supreme Court of New York 2016)
- People v. Delayo (Appellate Division of the Supreme Court of New York 2013)
- People v. Delayo (Appellate Division of the Supreme Court of New York 2013)
- People v. Barnett (Appellate Division of the Supreme Court of New York 2012)
- People v. Barnett (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 pleaded guilty to various felony drug offenses and was sentenced as a second felony offender to concurrent prison terms of 8 to 16 years. Thereafter, defendant petitioned for resentencing pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, codified in CPL 440.46). County Court denied the application from the bench and this appeal ensued.
Absent County Court’s bench decision being reduced to a written order as required by the Drug Law Reform Act (L 2004, ch 738, § 23), this Court does not have jurisdiction to consider defendant’s appeal and the matter must be remitted to County Court for issuance of an appropriate order (People v Civitello, 89 AD3d 1244 [2011]; People v Buckery, 84 AD3d 1588, 1589 [2011]).
Mercure, A.EJ., Spain, Kavanagh and Stein, JJ., concur. Ordered that the appeal is dismissed, and matter remitted to the County Court of Schenectady County for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.