Opinion
9572 Ind. 1877/98
06-06-2019
The PEOPLE of the State of New York, Respondent, v. Clyde HENDERSON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Friedman, J.P., Tom, Kapnick, Kahn, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about September 27, 2017, which denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), unanimously affirmed.
The court correctly determined that defendant was ineligible for resentencing on his class A–II felony conviction because he had been released on parole. We have previously rejected similar statutory, public policy and constitutional arguments to those raised and see no reason to depart from our previous holdings (see e.g. People v. Soroa , 166 A.D.3d 434, 85 N.Y.S.3d 760 [1st Dept. 2018] ; People v. Moore , 159 A.D.3d 444, 69 N.Y.S.3d 482 [1st Dept. 2018] ).