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People v. Jenkins

86 A.D.3d 522 Court N.Y. App. Div. Decision date 2011-07-28 English

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p. 522
The People of the State of New York, Respondent, v Dayshawn Jenkins, Appellant.
[927 NYS2d 598]

When a defendant moves for resentencing under the Drug Law Reform Act, the defendant is entitled to be brought before the court and given an opportunity to be heard (People v Figueroa, 21 AD3d 337 , 339 [2005], Iv denied 6 NY3d 753 [2005]). In this case defendant was never before the court on

p. 523
his resentencing motion. Thus the determination denying resentencing must be vacated and the matter remanded for a hearing on defendant’s CPL 440.46 motion. Concur — Saxe, J.P., Sweeny, Catterson, Freedman and Manzanet-Daniels, JJ.

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