The Third Department majority, rejecting the contrary conclusion of the Second Department, said that while the sentence imposed on Earl Coleman, a persistent offender, would exclude him from consideration for resentencing, the offense he committed would not.
August 06, 2013 at 12:00 AM
1 minute read
ALBANY – In an opinion at odds with a ruling from a downstate appeals court, a divided panel upstate has held that a narcotics dealer sentenced to a 15-year-to-life state prison term as a persistent felon is eligible for resentencing under a drug reform measure.
The Appellate Division, Third Department, said that while the sentence imposed on Earl Coleman would exclude him from consideration for resentencing, the offense he committed would not.
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