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PEOPLE v. McCLOUD

52 A.D.3d 1253 (2008)

858 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD McCLOUD, Appellant.

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

Decided June 6, 2008.

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

Memorandum:

Defendant appeals from an order denying his application for resentencing pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1). Contrary to the contention of defendant, County Court properly denied his application because he was eligible for parole within three years and thus was ineligible for resentencing pursuant to DLRA-2 (see People v Smith...

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