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PEOPLE v. LAFONTAINE

36 A.D.3d 474 (2007)

827 N.Y.S.2d 153

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO LAFONTAINE, Appellant.

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

Decided January 11, 2007.

As we recently held in People v Arana (32 A.D.3d 305 [2006]), defendant, as a person serving a sentence for an A-I drug felony, is eligible for resentencing pursuant to the Drug Law Reform Act (L 2004, ch 738). Accordingly, Supreme Court erred in denying defendant's resentencing motion on the ground of ineligibility, and we reverse and remand for Supreme Court to exercise its discretion...

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