PEOPLE v. OVERTON

2009-11354.

86 A.D.3d 4 (2011)

923 N.Y.S.2d 619

2011 NY Slip Op 4278

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN OVERTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 17, 2011.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , New York City ( William Kastin of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens, ( John M. Castellano , Johnnette Traill and Anastasia Spanakos of counsel), for respondent.

DICKERSON, LOTT and ROMAN, JJ., concur.


OPINION OF THE COURT

RIVERA, J.P.

In this case, we consider whether the defendant's release from incarceration to parole supervision affects his eligibility for resentencing under the 2009 Drug Law Reform Act (L 2009, ch 56, part AAA, § 9 [hereinafter the 2009 DLRA]), as codified in CPL 440.46, and renders the instant appeal academic. For the reasons that follow, upon applying the criteria for eligibility under the 2009 DLRA, we determine that the instant...

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