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PEOPLE v. MARCHENA

60 A.D.3d 508 (2009)

875 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS MARCHENA, Appellant.

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

Decided March 17, 2009.

Defendant, who is similarly situated to the defendant in People v Paniagua (45 A.D.3d 98 [2007], lv denied 9 N.Y.3d 992 [2007]), is ineligible for resentencing on his class A-II felony conviction, notwithstanding the fact that he was resentenced on his A-I felony conviction under the 2004 Drug Law Reform Act (DLRA) (L 2004, ch 738). We find no basis upon which to distinguish Paniagua, and we have no authority to rewrite...

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