Opinion
No. 3640.
November 18, 2010.
Judgment of resentence, Supreme Court, New York County (Marcy L. Kahn, J.), rendered December 18, 2009, resentencing defendant to a term of one year, with one year of postrelease supervision, unanimously affirmed.
Robert Rucker, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.
Before: Concur — Tom, J.P., Andrias, Nardelli, Acosta and DeGrasse, JJ.
The court granted defendant's CPL 440.46 application to reduce her sentence for her conviction of third-degree criminal sale of a controlled substance, and imposed the minimum sentence permitted by law. Defendant requests this Court to modify her determinate sentence in the interest of justice to a one-year definite sentence of imprisonment, which would not require postrelease supervision. Defendant maintains that CPL 440.46 should not be interpreted to permit only a determinate sentence upon resentencing, but should be construed as also permitting the alternative dispositions authorized under Penal Law §§ 60.04 and 70.70 for an initial sentence for a class B drug felony, including a definite sentence of one year. However, by its express terms, CPL 440.46 only permits a defendant to apply for resentencing to a determinate term.
Since defendant received the minimum legal resentence, we have no authority to reduce it further in the interest of justice ( see CPL 470.20). In any event, regardless of how the statute should be interpreted, we perceive no basis for reducing defendant's sentence.