What did the court decide?

The appellate court reversed the resentencing and sent the case back to the trial court for a new resentencing because the resentence contained legal error.

Who is affected by this decision?

Defendant Phillip Owens is directly affected; the Monroe County Supreme Court must conduct a new resentencing proceeding.

The case is remitted to Supreme Court, Monroe County, where the judge will hold a new resentencing hearing consistent with the appellate court's decision.

Can this decision be appealed?

Yes, the People or the defendant could seek further review by applying for permission to appeal to a higher court, subject to appellate rules and time limits.

People v. Owens

Docket 138 KA 23-01170

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealReversed

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Criminal Appeal
Disposition: Reversed
Citation: 2026 NY Slip Op 02514
Docket: 138 KA 23-01170

Appeal from a resentence in a criminal possession of a weapon in the second degree conviction in Supreme Court, Monroe County.

Summary

The Appellate Division, Fourth Department reversed a resentencing of Phillip Owens, who had been resentenced after his conviction for criminal possession of a weapon in the second degree. The court unanimously concluded the resentence was incorrect as a matter of law and sent the case back to Monroe County Supreme Court for a new resentencing. The opinion is brief and references an identical memorandum issued in a companion appeal, indicating the appellate court found legal error in the prior resentencing proceeding warranting reversal and remand.

Issues Decided

Whether the resentencing imposed by Supreme Court, Monroe County, was legally proper
Whether the errors identified in the companion appeal required reversal and remand for resentencing

Court's Reasoning

The court found legal error in the resentencing proceeding and concluded the error required reversal. Because the memorandum refers to and adopts the reasoning used in a companion appeal, the Fourth Department determined that the same legal defects applied to this resentence. That legal defect was sufficient to vacate the resentence and remit the matter for a new sentencing proceeding.

Parties

Respondent: The People of the State of New York
Appellant: Phillip Owens
Attorney: Kaman Berlove LLP (Bryanne L. Jones, of counsel)
Attorney: Sandra Doorley, District Attorney, Rochester (Martin P. McCarthy, II, of counsel)
Judge: Alex R. Renzi
Judge: Whalen, P.J.
Judge: Lindley
Judge: Curran
Judge: Smith
Judge: Delconte

Key Dates

Decision date: 2026-04-24
Resentence date: 2023-06-14

What You Should Do Next

1
Prepare for resentencing
Defense counsel should review the appellate memorandum (and the companion opinion) to identify the legal errors found and prepare sentencing submissions and arguments tailored to the issues identified by the appellate court.
2
Prosecutor to reassess sentencing position
The District Attorney's office should review the appellate decision and determine whether to present the same or a modified sentencing recommendation at the new resentencing hearing.
3
Consider further appellate review
Either party wishing to challenge the Fourth Department's ruling should consult appellate counsel about seeking permission to appeal to the Court of Appeals and the applicable deadlines.

Frequently Asked Questions

What did the court decide?: The appellate court reversed the resentencing and sent the case back to the trial court for a new resentencing because the resentence contained legal error.
Who is affected by this decision?: Defendant Phillip Owens is directly affected; the Monroe County Supreme Court must conduct a new resentencing proceeding.
What happens next?: The case is remitted to Supreme Court, Monroe County, where the judge will hold a new resentencing hearing consistent with the appellate court's decision.
Can this decision be appealed?: Yes, the People or the defendant could seek further review by applying for permission to appeal to a higher court, subject to appellate rules and time limits.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

People v Owens - 2026 NY Slip Op 02514

People v Owens

2026 NY Slip Op 02514

April 24, 2026

Appellate Division, Fourth Department

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

PHILLIP OWENS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on April 24, 2026

138 KA 23-01170

Present: Whalen, P.J., Lindley, Curran, Smith, And Delconte, JJ.

KAMAN BERLOVE LLP, ROCHESTER (BRYANNE L. JONES OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered June 14, 2023. Defendant was resentenced upon his conviction of criminal possession of a weapon in the second degree.

It is hereby ORDERED that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Monroe County, for resentencing.

Same memorandum as in
People v Owens
([appeal No. 1] — AD3d — [Apr. 24, 2026] [4th Dept 2026]).

Entered: April 24, 2026

Ann Dillon Flynn