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PEOPLE v. DE JESUS (RAYMOND)

54 N.Y.2d 447 (1981)

The People of the State of New York, Respondent, v. Raymond De Jesus, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Adrian Johnson and David C. Leven for appellant.

Mario Merola, District Attorney (David H. Fromm and Alan D. Marrus of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in Per Curiam opinion; Judge FUCHSBERG concurs in result (see his dissent in People v Stephens, , 779).

Per Curiam.

Defendant applied for resentencing pursuant to section 60.09 of the Penal Law. This section, which permits resentencing of persons convicted of class A-II and A-III drug felonies, was enacted to undo the perceived harsh sentencing consequences of the 1973 drug laws where appropriate (see Hechtman, Practice Commentaries, McKinney's Cons Laws of NY, Book 39, Penal Law, § 60.09 [Cum Supp], p 56). The...

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