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PEOPLE v. BORDENAVE

51 A.D.3d 813 (2008)

856 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL BORDENAVE, Appellant.

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

Decided May 13, 2008.

Ordered that the order is affirmed.

The defendant was convicted in 1983 of a Class A-II drug felony and sentenced to a term of imprisonment of eight years to life. He moved in January 2005 for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23) (hereinafter the 2004 DLRA). His motion was correctly denied because only certain persons convicted of A-I drug felonies were permitted to apply for resentencing under the 2004 DLRA. The defendant...

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