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PEOPLE v. RODRIGUEZ

1902, 5697/80

68 A.D.3d 676 (2009)

2009 NY Slip Op 9717

892 N.Y.S.2d 356

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES RODRIGUEZ, Appellant.

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

Decided December 29, 2009.

Defendant is not eligible to be resentenced under the 2004 Drug Law Reform Act (L 2004, ch 738, § 23). That act "was not intended to apply to those offenders who have served their term of imprisonment, have been released from prison to parole supervision, and whose parole is then violated, with a resulting period of incarceration" (People v Bagby, 11 Misc.3d 882, 887 [2006]; see also People v Mills,

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