Defense of Drug Offense Cases
Use this link to access Recent Resentencing Decisions.
The list below includes sample form motions and memoranda of law, which are provided for attorneys representing persons convicted of drug offenses or drug-related offenses. These sample form motions and memoranda of law should not be used by anyone who is not an attorney.
2009 DLRA – General
2009 Sentencing Chart for Drug Offenses under the Rockefeller Drug Law Reform (black & white)
2009 Sentencing Chart for Drug Offenses under the Rockefeller Drug Law Reform (color)
A Guide to the Rockefeller Drug Law Reform 2009
Al O’Connor Memo on Rockefeller Drug Law Reform 2009
2009 Rockefeller Drug Law Reform Reference Chart for Bill and Statutes
2009 Rockefeller Drug Law Reform Bill (Parts AAA, O, J, L & SS as part of the entire Budget Bill)
2009 DLRA – Resentencing
Sample Motion for Resentencing of B Drug Offenses
Memo of Law - Calculating the 10 Year "Look Back"
Calculating the 10-Year Look Back Simplified
Eligibility for Parole Violators
Eligibility for Parole Violators - People v. Melendez Memo of Law
Eligibility for Parole Violators - People v. Orta Brief
Eligibility for Parole Violators - People v. Orta Reply Brief
Eligibility for Parole Violators – People v. Orta, Brief Amicus Curiae, NYC Bar Association
Arguing for Reduced Period of Post-Release Supervision
2009 DLRA – Conditional Sealing
Conditional Sealing Motion (affidavit and memo of law) – Drug Treatment Court, DTAP, Judicial Diversion
Conditional Sealing Memo of Law – Drug Treatment as a Condition of Probation
Conditional Sealing Sample Affirmation – Drug Treatment as a Condition of Probation
Conditional Sealing Decision – Minutes from Bench Decision Granting Conditional Sealing Where Treatment Completed as a Condition of Probation
2009 DLRA – Judicial Diversion
Eligibility When Charged with an Eligible Offense and An Eligibility-Neutral Offense
DLRA – Early Release Programs
Willard: Understanding the Limitation 'Subject to an Undischarged Term of Prison
2009 Drug Law Reform Updates to Early Release Programs
2009 Early Release Checklist: Determinate Sentence
2009 Early Release Checklist: Indeterminate Sentence
Sample Order Directing CASAT Enrollment
Possible DOCS restrictions on early CASAT and work release eligibility. Detailed Analysis
2005 DLRA
Understanding the A-II Resentencing Law, a memorandum by Al O'Connor for the New York State Defenders Association
2005 A-II Resentencing Legislation
Sample Application for Resentencing of A-II Drug Offenses
2004 DLRA
2004 Sentencing Chart for Drug Offenses Under Rockefeller Drug Law Reform
Rockefeller Drug Law Reform: Understanding the 2004 Legislation
DLRA legislation
Sample Application for Resentencing of A-I Drug Offenses
Sample Proposed Order for Resentencing
Sample Notice of Application for Resentencing