People v. Acevedo, 927 N.E.2d 1062 (NY 2010). · Go Syfert
People v. Acevedo, 927 N.E.2d 1062 (NY 2010). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 4 distinct courts.
Strongest positive: People Ex Rel. Baez v. Superintendent, Queensboro Correctional Facility (nyappdiv, 2015-03-04)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People Ex Rel. Baez v. Superintendent, Queensboro Correctional Facility (2×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
The legislature enacted the 2004 DLRA “to grant relief from what [it] perceived as the ‘inordinately harsh punishment for low level non-violent drug offenders’ that the Rockefeller Drug Laws required” *116 (People v Paulin, 17 NY3d 238, 244 [2011], quoting Assembly-Sponsor’s Mem, Bill Jacket, L 2004, ch 738 at 6; see People v Norris, 20 NY3d 1068, 1072 [2013]; People v Acevedo, 14 NY3d 828, 831 [2010]; People v Brown, 115 AD3d at 156 ).
discussed Cited as authority (rule) People v. Cole
N.Y. App. Div. · 2014 · confidence medium
Although the Supreme Court correctly observed that it was powerless, under the DLRA, to alter the defendant’s sentence so that the five terms of imprisonment imposed for the convictions of criminal sale of a controlled substance in the first degree run concurrently with each other (see People v Norris, 20 NY3d 1068, 1072 [2013]; People v Acevedo, 14 NY3d 828, 830-831 [2010]; People v Rodriguez, 96 AD3d 1079 , 1080 [2012], affd 20 NY3d 1073 [2013]; People v Vaughan, 62 AD3d 122 [2009]), it was nevertheless permitted to “consider any facts or circumstances relevant to the imposition of a new…
discussed Cited as authority (rule) People v. Cole
N.Y. App. Div. · 2014 · confidence medium
Although the Supreme Court correctly observed that it was powerless, under the DLRA, to alter the defendant’s sentence so that the five terms of imprisonment imposed for the convictions of criminal sale of a controlled substance in the first degree run concurrently with each other (see People v Norris, 20 NY3d 1068, 1072 [2013]; People v Acevedo, 14 NY3d 828, 830-831 [2010]; People v Rodriguez, 96 AD3d 1079 , 1080 [2012], affd 20 NY3d 1073 [2013]; People v Vaughan, 62 AD3d 122 [2009]), it was nevertheless permitted to “consider any facts or circumstances relevant to the imposition of a new…
discussed Cited as authority (rule) People v. Watson
NY · 2012 · confidence medium
People v Acevedo, 14 NY3d 828, 831 [2010]; People v Utsey, 7 NY3d 398, 401 [2006] [both discussing the Drug Law Reform Act of 2004 (L 2004, ch 738)]), but the agency defense nevertheless continues to provide a means of determining the extent of the intermediary’s culpability as either a buyer or seller of narcotics (see generally People v Davis, 14 NY3d 20, 24 [2009]).
discussed Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2012 · confidence medium
Contrary to the defendant’s contention, the Drug Law Reform Acts of 2004, 2005, and 2009 (L 2004, ch 738; L 2005, ch 643; CPL 440.46) do not authorize the Supreme Court to alter his sentence so that all three terms of imprisonment run concurrently with each other (see People v Acevedo, 14 NY3d 828, 831 [2010]; People v Norris, 90 AD3d 788 [2011], lv granted 18 NY3d 926 [2012]; People v Norris, 90 AD3d 955 [2011], lv granted 18 NY3d 926 [2012]; People v Vaughan, 62 AD3d 122, 125-126 [2009]).
discussed Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2012 · confidence medium
Contrary to the defendant’s contention, the Drug Law Reform Acts of 2004, 2005, and 2009 (L 2004, ch 738; L 2005, ch 643; CPL 440.46) do not authorize the Supreme Court to alter his sentence so that all three terms of imprisonment run concurrently with each other (see People v Acevedo, 14 NY3d 828, 831 [2010]; People v Norris, 90 AD3d 788 [2011], lv granted 18 NY3d 926 [2012]; People v Norris, 90 AD3d 955 [2011], lv granted 18 NY3d 926 [2012]; People v Vaughan, 62 AD3d 122, 125-126 [2009]).
discussed Cited as authority (rule) People v. Norris
N.Y. App. Div. · 2011 · confidence medium
The Supreme Court properly determined that it lacked the authority under CPL 440.46 to order, upon resentence, that determinate terms ran concurrently when the original indeterminate terms were ordered to run consecutively (see CPL 430.10; People v Acevedo, 14 NY3d 828, 831 [2010]; People v Vaughan, 62 AD3d 122, 125-126 [2009]; see also People v High-smith, 79 AD3d 1741, 1742 [2010]).
discussed Cited as authority (rule) People v. Norris
N.Y. App. Div. · 2011 · confidence medium
Contrary to the defendant’s contention, the Drug Law Reform Act of 2009 (hereinafter the 2009 DLRA), codified in CPL 440.46, does not authorize the Supreme Court to alter the sentences for multiple felony drug convictions, originally imposed to run consecutively to each other, such that they run concurrently with each other (see People v Acevedo, 14 NY3d 828, 830-831 [2010]; People v Vaughan, 62 AD3d 122, 128-129 [2009]).
discussed Cited as authority (rule) People v. Highsmith
N.Y. App. Div. · 2010 · confidence medium
Further, the court properly concluded that, in resentencing defendant pursuant to DLRA-1 and DLRA-2, it lacked authority “ ‘to determine whether the sentenced are] to be served concurrently or consecutively with respect to other sentences’ ” (People v Ace vedo, 14 NY3d 828, 831 [2010]).
examined Cited "see, e.g." Rivera v. United States (3×)
2d Cir. · 2013 · signal: see also · confidence low
Noting that those laws “provide[d] inordinately harsh punishment for low level non-violent drug offenders,” the Rockefeller Drug Law Reform Act (“2004 DLRA”) sought to “reform the sentencing structure of New York’s drug laws to reduce prison terms for non-violent drug offenders, provide retroactive sentencing relief and make related drug law sentencing improvements.” NYS Assembly Memo at 3, 6; see also People v. Acevedo, 14 N.Y.3d 828, 831 , 901 N.Y.S.2d 578 , 927 N.E.2d 1062 (2010).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Steven Acevedo, Appellant
64.
New York Court of Appeals.
Apr 29, 2010.
927 N.E.2d 1062
APPEARANCES OF COUNSEL, Law Offices of Mickey A. Steiman, Hyde Park (David L. Stein-berg of counsel), for appellant., William V. Grady, District Attorney, Poughkeepsie (Bridget Rahilly Steller of counsel), for respondent.
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur.
Cited by 15 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Second Circuit (1)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On November 7, 1997, County Court rendered judgment convicting defendant of criminal possession of a controlled substance in the first degree, an A-I drug felony, for which he received an indeterminate prison term of 15 years to life; criminal sale of a controlled substance in the third degree, for which he received an indeterminate prison term of 121/2 to 25 years;[*830] criminal possession of a controlled substance in the third degree, for which he received an indeterminate prison term of 12V2 to 25 years; and criminal possession of a weapon in the third degree (two counts), for which he received a determinate prison term of five years on each count. The sentences for the drug possession and sale convictions were imposed to run concurrently. The weapon possession convictions were imposed to run concurrently with each other, but consecutively to the drug convictions. By order entered August 23, 1999, the convictions and sentences were affirmed by the Appellate Division (People v Acevedo, 258 AD2d 140 [2d Dept 1999]). A Judge of this Court denied defendant leave to appeal from this order (94 NY2d 819 [1999]).

In 2005, defendant moved before County Court to be resentenced pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23) (DLRA). Defendant argued (1) he was entitled to a reduction of his sentence for the A-I drug felony, and (2) the resentencing court should direct that the sentences imposed for the weapon possession convictions run concurrently to the A-I offense, rather than consecutively. On October 11, 2005, County Court, after a hearing, granted defendant’s motion to the extent of reducing the sentence for the A-I drug conviction from an indeterminate prison term of 15 years to life to a determinate prison term of 15 years (and five years’ postrelease supervision). However, the court declined to direct that the other sentences be served concurrently. That is, the court left undisturbed the original sentencing court’s direction that the sentences for the weapon possession convictions run consecutively to those imposed for the drug convictions. By order entered April 7, 2009, the Appellate Division affirmed the resentence (61 AD3d 692 [2d Dept 2009]). A Judge of this Court granted defendant leave to appeal from this order (12 NY3d 912 [2009]).

At issue is whether the trial court had authority to modify the conditions of a sentence by changing its terms from consecutive to concurrent once it granted defendant’s DLRA application for resentencing. Defendant argues that the court is so empowered pursuant to Penal Law § 70.25 (1), which reads as follows:

“[W]hen multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of[*831] imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and the undischarged term or terms in such manner as the court directs at the time of sentence.”

Defendant further argues that the sentencing court, in adjusting the term of imprisonment pursuant to the DLRA, is authorized to change a consecutive sentence to concurrent, as in Matter of Murray v Goord (1 NY3d 29 [2003]), where we held that the sentencing discretion of Penal Law § 70.25 (1) devolves on the last judge in the sentencing chain.

Defendant’s reliance on Penal Law § 70.25 (1) and Murray v Goord is misplaced. The purpose of the DLRA is to ameliorate the harsh sentences required by the original Rockefeller Drug Law. When a court imposes a reduced sentence under the amended statute it does not impose an “additional term of imprisonment” as contemplated by Penal Law § 70.25 (1). Nor is the DLRA proceeding used to modify the original term of resentence as occurred in Murray v Goord. The DLRA proceeding is meant to effect an alteration of the existing sentence as authorized by law. As such, “a court that resentences a defendant pursuant to the 2004 DLRA does not possess the authority, conferred by Penal Law § 70.25 (1), to determine whether the sentence is to be served concurrently or consecutively with respect to other sentences” (People v Vaughan, 62 AD3d 122, 128 [2d Dept 2009]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.