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PEOPLE v. DENTON

7 Misc.3d 373 (2005)

793 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. HASSON DENTON, WARREN FAISON, RUDOLPH JARVIS, JAMES O'PHARROW and GLEN WARREN, Defendants.

Supreme Court, Kings County.

February 1, 2005.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney (Anthony Catalano and Gloria Rios of counsel), for plaintiff.

David Epstein for Hasson Denton, defendant.

Jay Cohen for Warren Faison, defendant. Calvin Simons for Rudolph Jarvis, defendant.

John Rodriguez for James O'Pharrow, defendant.

Mark Zuckerman for Glen Warren, defendant.

OPINION OF THE COURT

ABRAHAM GERGES, J.

These cases present the issue of whether the ameliorative portions of the recently enacted changes to the Rockefeller drug laws (Drug Reform Act [DRA] are to be retroactively applied to the defendants who have not been sentenced prior to the effective date of the new statute. The People, in a memorandum of law, request that the court renege on the sentence promises made to the respective defendants. The prosecution...

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