60 N.Y.2d at 811 Distinguishing current language from prior statutory interpretation1 citing case
- People v. Denton, 7 Misc. 3d 373 (N.Y. Sup. Ct. 2005).publishedThis language differs significantly from the language in the statute involved in People v Festo, 96 AD2d 765, 766 (1983), affd for reasons stated below 60 NY2d 809, 811 (1983).
Other citing cases
- People v. Mann, 28 A.D.3d 791 (N.Y. App. Div. 2d Dep't 2006).published
- People v. Dickerson, 28 A.D.3d 787 (N.Y. App. Div. 2d Dep't 2006).published
- People v. Castro, 28 A.D.3d 674 (N.Y. App. Div. 2d Dep't 2006).published
- People v. Goode, 25 A.D.3d 723 (N.Y. App. Div. 2d Dep't 2006).published
- People v. Stephen, 7 Misc. 3d 525 (N.Y. Sup. Ct. 2005).published
v.
Michael Festo, Appellant
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed for the reasons stated in so much of the memorandum of the Appellate Division (96 AD2d 765) as discusses the retroactivity of the new sentencing provisions.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.