PEOPLE v. MEREJILDO


45 A.D.3d 429 (2007)

846 N.Y.S.2d 52

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO MEREJILDO, Appellant.

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

Decided November 20, 2007.


One of the eligibility criteria for a defendant seeking resentencing on a class A-II felony conviction under the 2005 DLRA (L 2005, ch 643, § 1) is that he or she must meet the merit time eligibility requirements of Correction Law § 803 (1) (d). Correction Law § 803 (1) (d) (ii) provides that merit time is not available to any person serving an indeterminate sentence for, among other things, a violent felony.

In 2000, defendant was convicted of criminal...

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