Opinion
No. 3379.
October 19, 2010.
Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), for respondent.
Before: Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.
Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation ( see People v Pratts, 74 AD3d 536).