People v. Cleveland Lovett


AD1 order dated April 3, 2014, modifying judgment of conviction. Decision below: 116 AD3d 428, 984 NYS2d 299. Freedman, J. (AD dissenter), granted leave June 19, 2014. To be argued June 3, 2015.
ISSUES PRESENTED: (1) Whether “substantial justice” dictated that defendant’s DLRA-I application for resentencing be denied. (2) Whether the Appellate Division, on a defendant’s direct judgment appeal, and without the defendant’s having raised the claim on appeal, had the power to remit to the sentencing court to correct an illegally low sentence. (3) Whether counsel was ineffective for failing to object to a manifestly erroneous reasonable doubt charge.(Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)