PEOPLE v. MILLS


48 A.D.3d 1108 (2008)

849 N.Y.S.2d 855

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MILLS, Appellant.

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum:

Defendant appeals from an order that vacated a new sentence pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643, § 1) granted upon his application to be resentenced and that reimposed his original sentence. County Court properly vacated the new sentence and reimposed the original sentence "because defendant was eligible for parole within three years of the time...

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