From Casetext: Smarter Legal Research

People v. Delston

Appellate Division of the Supreme Court of New York, Second Department
May 26, 2009
62 A.D.3d 1023 (N.Y. App. Div. 2009)

Opinion

No. 2007-07985.

May 26, 2009.

Appeal by the defendant, by permission, from so much of an order of the County Court, Nassau County (Carter, J.), entered July 2, 2007, as denied that branch of his motion which was, in effect, pursuant to CPL 440.20 to vacate a sentence of the same court (Belfi, J.), imposed February 25, 2004, upon his conviction of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, upon a jury verdict.

Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Cristin N. Connell of counsel), for respondent.

Before: Rivera, J.P., Covello, Dickerson and Chambers, JJ., concur.


Ordered that the order is affirmed insofar as appealed from.

The County Court properly denied that branch of the defendant's motion which was, in effect, to vacate his sentence ( see People v Smith, 73 NY2d 961, 962-963; People v Hamilton, 205 AD2d 706, 707).


Summaries of

People v. Delston

Appellate Division of the Supreme Court of New York, Second Department
May 26, 2009
62 A.D.3d 1023 (N.Y. App. Div. 2009)
Case details for

People v. Delston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER DELSTON…

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

Date published: May 26, 2009

Citations

62 A.D.3d 1023 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 4259
878 N.Y.S.2d 912

Citing Cases

People v. Jurgins

It is difficult to overstate how consistently the courts of this state have relied on CPL 400.21 and our…

People v. Jurgins

It is difficult to overstate how consistently the courts of this state have relied on CPL 400.21 and our…