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PEOPLE v. FRANCO

39 A.D.3d 365 (2007)

833 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEMENCIO FRANCO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 19, 2007.

The motion court erred in denying, on the apparent ground of ineligibility, defendant's motion to be resentenced in accordance with the Drug Law Reform Act (L 2004, ch 738). Since defendant is a person serving a sentence for an A-I drug felony, he is eligible for resentencing pursuant to the Act, and, as the People concede, he is thus entitled to a remand for further proceedings on the motion as indicated (see People v LaFontaine, 36 A.D.3d 474

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