PEOPLE v. OSBOURNE

Ind Nos. 6415/05, 1420N/02. Appeal No. 13167-13167A. Case No. 2018-04171.

191 A.D.3d 561 (2021)

141 N.Y.S.3d 470

2021 NY Slip Op 01128

The People of the State of New York, Respondent, v. Charles Osbourne, Appellant.

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

Decided February 18, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Emilia King-Musza of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Claire E. Nielsen of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.


Under the circumstances presented here, the fact that defendant received a sentence on his drug case that had become unlawful between his plea and sentencing entitles him to be resentenced, but not to vacatur of the plea. When defendant pleaded guilty in 2002, he was promised a sentence of two to four years, which was a lawful sentence at that time. Defendant absconded, and during the 15 years in which he was at large, the Drug Law Reform Act of 2009 (L 2009, ch 56, §...

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