PEOPLE v. WILSON


46 A.D.3d 338 (2007)

848 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEMORI WILSON, Appellant.

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

Decided December 18, 2007.


The Drug Law Reform Act of 2005 provides that, in reviewing an application for resentencing made by an eligible defendant, the court "may consider any facts or circumstances relevant to the imposition of a new sentence which are submitted by [defendant] or the people and may, in addition, consider the institutional record of confinement of [defendant]," and that the court "shall" grant the application "unless substantial justice dictates that the application should be denied...

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