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People v. DiazPeople v. Diaz

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2009
Versions:68 A.D.3d 497
889 N.Y.S.2d 448
889 N.Y.2d 448

As the People concede, a remand is necessary on defendant‘s application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree (see People v Rampino, 55 AD3d 348 [2008]) because the DLRA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence of equal length for his first-degree conspiracy conviction, upon which he is ineligible for resentencing. Concur—Gonzalez, P.J., Friedman, McGuire, DeGrasse and Manzanet-Daniels, JJ.

Case Details

Case Name: People v. Diaz
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 10, 2009
Citations: 68 A.D.3d 497; 889 N.Y.S.2d 448; 889 N.Y.2d 448
Court Abbreviation: N.Y. App. Div.
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