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 Defense of Drug Offense Cases

Our ability to provide this information is made possible by a grant from the Foundation to Promote Open Society.  Please check back often for updates as the courts of New York State continue to interpret the Rockefeller Drug Law reforms.

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.

2016 DLRA - General

2016 Sentencing Chart for Drug Offenses under the Rockefeller Drug Law Reform - (black & white)
2016 Sentencing Chart for Drug Offenses under the Rockefeller Drug Law Reform - (color)

2009 DLRA – General

2009 Sentencing Chart for Drug Offenses under the Rockefeller Drug Law Reform - updated 8/13/2010 - (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)
Governor's Press Statement Re: 2009 Rockefeller Drug Law Reform
Assembly's Press Statement Re: 2009 Rockefeller Drug Law Reform

2011 DCJS Drug Law Reform Research

June 2011 Drug Law Reform Update
Maps of Drug Offender Commitments in 2008 & 2010
Counting Article 216 Treatment Diversion Participants

2009 DLRA – Resentencing

Sample Motion to Reargue/Renew in Light of People v. Milton
Sample Motion to Renew in Light of People v. Paulin, Pratts & Phillips
Eligibility for Parole Violators -- People v. Paulin, Pratts & Phillips
Eligibility for "was in, now out" cases -- People v. Santiago
Motion to Renew in Light of People v. Phillips
Eligibility for Parole Violators & 10-year Look Back - People v. Wallace Appellate Brief
Sample Motion for Resentencing of B Drug Offenses
Memo of Law - Calculating the 10 Year "Look Back"
Calculating the 10-Year Look Back Simplified

2009 DLRA – Conditional Sealing

Advocating for Conditional Sealing, an article from NYSDA's "Report"
Sample Order for 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

Conditional Sealing Cases

Office of Court Administration Forms re: CPL 160.58 Conditional Sealing

Order to Seal
Order to Seal
Notice to Unseal
Notice to Unseal
Notice of Proposed Sealing
Notice of Proposed Sealing
Notice to Re-Seal
Notice to Re-Seal

2009 DLRA – Judicial Diversion

Judicial Diversion Flowchart
CPL Article 216 Judicial Diversion Issues, an article from NYSDA's "Report"

Eligibility Issues

Eligibility When Charged with an Eligible Offense and An Eligibility-Neutral Offense - CCA Position Paper

Eligibility Neutral Cases Chart

Procedural Issues Re: Admission

People v. Adolfo Tavares (Onondaga County Court, Judge Merrill, January 4, 2010) (Holding that CPL §216 has given the Court “the authority to fashion suitable plea bargains” over DA objection, and that the defendant need not plead to entire indictment to enter Diversion)

Sample Form Diversion Agreements

Monroe County Diversion Program Sample contract- 2009

Exceptional Circumstances Cases

People v. Patrick, 24 Misc.3d 1203(A)
People v. Muniz, 29 Misc.3d 466
People v. Duffy, 28 Misc.3d 718

DLRA – Early Release Programs

Willard: Understanding the Limitation 'Subject to an Undischarged Term of Prison
Updates to Early Release: 2009 DLRA and 2010 Changes to Shock

Early Release Checklist: Indeterminate - updated March 2015
Early Release Checklist: Determinate - updated March 2015
Sample Order Directing CASAT Enrollment
Shock Eligibility Expanded

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