PEOPLE v. DATHAN


48 A.D.3d 591 (2008)

849 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY DATHAN, Appellant.

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

Decided February 13, 2008.


Ordered that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his motion for resentencing under the Drug Law Reform Act of 2005 (L 2005, ch 643). Since the defendant was, at the time of his motion, less than three years from being eligible for release on parole (see L 2005, ch 643, § 1; Correction Law § 851 [2]), he did not qualify for resentencing (see People v McCurdy, 46 A...

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