People v. Buckery, 84 A.D.3d 1588 (N.Y. App. Div. 3d Dep't 2011). · Go Syfert
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People v. Buckery, 84 A.D.3d 1588 (N.Y. App. Div. 3d Dep't 2011). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Ward, 139 A.D.3d 1254 (N.Y. App. Div. 3d Dep't 2016)
How cited ↗
Cited for
At page 1589 Jurisdiction over appeals lacking written appealable order7 citing casesrized by statute” (People v Bautista, 7 NY3d 838, 838-839 [2006]; see CPL 450.10, 450.15, 450.20). Although the Drug Law Reform Act of 2004 (L 2004, ch 738, §…opening of page *1589 (no citing court says what it cites this page for) · 6 listed here
  • People v. Allen, 106 A.D.3d 1340 (N.Y. App. Div. 3d Dep't 2013).published
    Absent the necessary written order, we are without jurisdiction to consider defendant’s appeal (see People v Barnett, 99 AD3d 1030, 1031 [2012]; People v Joseph, 89 AD3d 1324, 1325 [2011]; People v Buckery, 84 AD3d 1588, 1589 [2011]).
  • People v. Barnett, 99 A.D.3d 1030 (N.Y. App. Div. 3d Dep't 2012).published 2 cites
    As County Court’s bench decision was not reduced to the required written order, this Court lacks jurisdiction to entertain defendant’s appeal and the matter must be remitted to County Court for issuance of such an order (see People v Walke…
  • People v. Walker-Llanos, 92 A.D.3d 974 (N.Y. App. Div. 3d Dep't 2012).published
    Absent County Court’s bench decision being reduced to a written order as required by the Drug Law Reform Act (L 2004, ch 738, § 23), this Court does not have jurisdiction to consider defendant’s appeal and the matter must be remitted to Co…
  • People v. Hoffler, 90 A.D.3d 1413 (N.Y. App. Div. 3d Dep't 2011).published
    Defendant attempted to appeal County Court’s bench decision, but this Court is without jurisdiction to entertain such an appeal (see People v Buckery, 84 AD3d 1588, 1589 [2011]). .
  • People v. Joseph, 89 A.D.3d 1324 (N.Y. App. Div. 3d Dep't 2011).published
    We have recently held that in the absence of an appealable paper, we are without jurisdiction to consider defendant’s appeal (see People v Buckery, 84 AD3d 1588, 1589 [2011]).
  • People v. Civitello, 89 A.D.3d 1244 (N.Y. App. Div. 3d Dep't 2011).published
    Notably, the Drug Law Reform Act specifically provides that “a defendant [may] appeal as of right ‘from an order denying resentencing’ ” (People v Buckery, 84 AD3d 1588, 1589 [2011], quoting L 2004, ch 738, § 23).
At page 1588 Spain, J.P. Appeal from a decision of the County Court of Warren County (Hall, Jr., J.), dated December 22, 2009, which denied defendant’s application to be…1 citing caseopening of page *1588 (no citing court says what it cites this page for)
  • People v. Ward, 139 A.D.3d 1254 (N.Y. App. Div. 3d Dep't 2016).published
    “Appeals in criminal cases are strictly limited to those authorized by statute” (People v Bautista, 7 NY3d 838, 838-839 , [2006]; see CPL 450.10, 450.15, 450.20; People v Buckery, 84 AD3d 1588, 1588 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Dwayne Buckery
Appellate Division of the Supreme Court of the State of New York.
May 19, 2011.
Published opinion
84 A.D.3d 1588
Spain.
Cited by 8 opinions  |  Published
Spain, J.P.

Appeal from a decision of the County Court of Warren County (Hall, Jr., J.), dated December 22, 2009, which denied defendant’s application to be resentenced under the Drug Law Reform Act of 2009.

Following a jury trial in 2004, defendant was convicted of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree and sentenced as a persistent felony offender to a prison term of 20 years to life. Upon appeal, this Court affirmed (People v Buckery, 20 AD3d 821 [2005], lv denied 5 NY3d 826 [2005]). In 2009, defendant brought an application to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, codified at CPL 440.46). At the conclusion of the hearing that followed, County Court denied defendant’s application, and this appeal ensued.

“Appeals in criminal cases are strictly limited to those autho[*1589] rized by statute” (People v Bautista, 7 NY3d 838, 838-839 [2006]; see CPL 450.10, 450.15, 450.20). Although the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), which is incorporated by reference in the Drug Law Reform Act of 2009 (see CPL 440.46 [3]), permits a defendant to appeal as of right “from an order denying resentencing” (L 2004, ch 738, § 23 [emphasis added]), there is nothing in the record to suggest that County Court’s bench decision was reduced to a written order as required.* Absent an appealable paper, we are without jurisdiction to entertain defendant’s appeal (see People v Fricchione, 43 AD3d 410, 411 [2007]). Accordingly, the appeal is dismissed, and this matter is remitted to County Court for the issuance of the required order (see People v Peck, 46 AD3d 1098, 1099 [2007]).

Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed and matter remitted to the County Court of Warren County for further proceedings not inconsistent with this Court’s decision.

Laws of 2004 (ch 738, § 23) provide that the sentencing court “shall issue an order denying the application” if substantial justice so dictates.