Notable Decisions and Other News

Court of Appeals Leave Grants

Leave Granted: Court of Appeals to Review Whether Hearing Required on Resentencing Motion Under 2009 Drug Law Reform Act


In August 2013, the Appellate Division affirmed the trial court's denial, without a hearing, of Mr. Golo's motion to be resentenced pursuant to the 2009 Drug Law Reform Act, codified at C.P.L. § 440.46.

Now, Judge Read granted Mr. Golo leave to appeal People v. Ally Golo to the Court of Appeals.   The case raises the issue of whether a defendant who is eligible for resentencing under the 2009 Drug Law Reform Act is categorically entitled to a hearing.

David P. Greenberg briefed the case in the Appellate Division and will continue to represent Mr. Golo before the Court of Appeals.