In People v. Carter, 2011 NY Slip Op 05821, the Third Department joined the three other Departments in their determination regarding the ten year “look back” calculation for resentencing applications. The Court ruled that when determining whether the defendant has a prior felony that would be an exclusion offense as to preclude a motion for resentencing, the “look back” period is measured from when the defendant filed the motion for resentencing. All four Departments have now soundly rejected the argument from prosecutors across
that the “look back” period begins at the time of the conviction for which the defendant seeks resentencing. As discussed in this blog on March 10, 2011, the three previous cases were People v. Hill, 82 A.D.3d 77 (4th New York State Dept. 2011), People v. Williams, 82 Ad3d 796 (2nd Dept. 2011) and People v. Sosa, 81 AD3d 464 (1st Dept. 2011)
The Court of Appeals granted cert in People v. Sosa, the first of these cases to be decided. The case is expected to be heard some time this fall. In light of the unanimity of all four Departments, it is unlikely that the Court of Appeals will chart a contrary course.