PEOPLE v. BENNETT


31 A.D.3d 298 (2006)

818 N.Y.S.2d 220

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE BENNETT, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 20, 2006.


As required by section 23 of the Drug Law Reform Act (L 2004, ch 738), Supreme Court should have informed defendant, at the outset of the resentencing hearing, of the determinate sentence the court intended to impose, and further notified defendant that such new sentence would be imposed unless he withdrew his application for resentencing or appealed the order. Nevertheless, we reject defendant's assertion that he is entitled to a new resentencing hearing. At the hearing...

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