People v. Jordan
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Franklin (Appellate Division of the Supreme Court of New York 2012)
- People v. Franklin (Appellate Division of the Supreme Court of New York 2012)
- People v. Shorter (Appellate Division of the Supreme Court of New York 2025)
- Nelson v. Lilley (District Court, W.D. New York 2022)
- People v. Nelson (Appellate Division of the Supreme Court of New York 2021)
- Cedeno v. Artus (District Court, W.D. New York 2019)
- People v. Robinson (Appellate Division of the Supreme Court of New York 2018)
- People v. Buchanan (Appellate Division of the Supreme Court of New York 2018)
- People v. Rolon (Appellate Division of the Supreme Court of New York 2018)
- People v. Arboleda (Amlicar) (Appellate Terms of the Supreme Court of New York 2018)
- People v. Lango (Appellate Division of the Supreme Court of New York 2016)
- People v. Arrindell (Appellate Division of the Supreme Court of New York 2015)
- People v. Brown (Appellate Division of the Supreme Court of New York 2015)
- People v. Toney (Appellate Division of the Supreme Court of New York 2014)
- People v. Toney (Appellate Division of the Supreme Court of New York 2014)
- People v. Ramos (Appellate Division of the Supreme Court of New York 2013)
- People v. Ramos (Appellate Division of the Supreme Court of New York 2013)
- People v. Henriquez (Appellate Division of the Supreme Court of New York 2013)
- People v. Henriquez (Appellate Division of the Supreme Court of New York 2013)
- People v. Javier (Appellate Division of the Supreme Court of New York 2012)
- People v. McBryde (Appellate Division of the Supreme Court of New York 2012)
- People v. McBryde (Appellate Division of the Supreme Court of New York 2012)
- People v. Jones (Appellate Division of the Supreme Court of New York 2012)
- People v. Jones (Appellate Division of the Supreme Court of New York 2012)
- People v. McCoy (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
OPINION OF THE COURT
The order of the Appellate Division should be affirmed.
In 2000, defendant pleaded guilty to assault in the second degree and was sentenced to three years of imprisonment. After our decision in People v Catu (4 NY3d 242 [2005]), he was resentenced by Supreme Court, which pronounced a term of postrelease supervision that had been mistakenly omitted at the time of the first sentencing. Defendant appealed from the resentencing to the Appellate Division, asking that the conviction and sentence entered on his guilty plea be vacated.
The Appellate Division correctly held that defendant could not challenge his plea on appeal from a resentencing proceeding. CPL 450.30 (3) provides that “when a resentence occurs more than thirty days after the original sentence, a defendant who has not previously filed a notice of appeal from the judgment may not appeal from the judgment, but only from the resentence.” An appeal such as this one seeking immediate relief from an underlying judgment of conviction is not one “only from the resentence.”
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.