Appellate Division of the Supreme Court of New York, 2010

People v. Cuello

People v. Cuello
Appellate Division of the Supreme Court of New York · Decided October 19, 2010
77 A.D.3d 500; 908 N.Y.S.2d 586
People v. Cuello

Opinion of the Court

Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

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 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.

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