PEOPLE v. NIEVES

2537/95.

27 Misc.3d 585 (2010)

896 N.Y.S.2d 644

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiffs, v. MICHAEL NIEVES, Defendant.

Supreme Court, New York County.

Decided March 2, 2010.


Attorney(s) appearing for the Case

Office of the Appellate Defender ( Lily Goetz of counsel), for defendant.

Bridget B. Brennan , Special Prosecutor, New York City ( Atalanta C. Mihas of counsel), for plaintiff.


OPINION OF THE COURT

DANIEL P. CONVISER, J.

The defendant moves to be resentenced pursuant to the Drug Law Reform Act of 2009 (2009 DLRA) (L 2009, ch 56, part AAA, codified at CPL 440.46). That motion is opposed by the People. For the reasons stated below, the court finds that the defendant is not statutorily eligible for resentencing. The court holds that defendant's instant class B felony sentence has already been completed and that his subsequent sentence...

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