People v. Sevencan

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: Smith
• Citation: People v. Sevencan, 909 N.E.2d 572, 12 N.Y.3d 388, 881 N.Y.S.2d 650 (N.Y. 2009)
• Decision Date: 07 May 2009
• Parties: The PEOPLE of the State of New York, Respondent, v. Salih SEVENCAN, Appellant.

909 N.E.2d 572

12 N.Y.3d 388

The PEOPLE of the State of New York, Respondent, v. Salih SEVENCAN, Appellant.

Court of Appeals of New York.

May 7, 2009.

Appellate Advocates, New York City (Lisa Napoli of counsel), for appellant.

Charles J. Hynes, District Attorney, New York City (Caroline R. Donhauser of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

The application for a certificate granting leave to appeal should be dismissed.

The 2004 Drug Law Reform Act states that "[a]n appeal in accordance with the applicable provisions of the criminal procedure law may ... be taken as of right by the defendant from an order specifying and informing such person of the term of the determinate sentence the court would impose upon resentencing" (L 2004, ch. 738, § 23). Defendant here seeks leave to appeal an Appellate Division affirmance of such an order (58 A.D.3d 761, 870 N.Y.S.2d 802 [2009]). In People v. Bautista, 7 N.Y.3d 838, 823 N.Y.S.2d 754, 857 N.E.2d 49 [2006] this Court held that similar language in the 2005 Drug Law Reform Act did not permit an appeal to this Court from an Appellate Division order affirming a denial of resentencing, because the act did not make such an order appealable under Criminal Procedure Law § 450.90 or § 470.60, which govern appeals to this Court. The reasoning of Bautista applies...