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PEOPLE v. JENKINS
Appellate Division of the Supreme Court of New York, First Department.
Jul 28, 2011
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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, lv denied 6 NY3d 753). In this case defendant was never before the court on 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.
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