PEOPLE v. CUEBAS


47 A.D.3d 828 (2008)

849 N.Y.S.2d 170

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON CUEBAS, Appellant.

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

Decided January 22, 2008.


Ordered that the order is affirmed insofar as appealed from.

In February 2001 the defendant was convicted, inter alia, of criminal possession of a controlled substance in the second degree, a class A-II felony offense, upon a plea of guilty, and was sentenced to an indeterminate term of nine years to life imprisonment. In January 2006, the defendant petitioned for resentencing pursuant to a then newly-enacted statute (

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