PEOPLE v. SOSA

4217, 7375/02, 5394/98,4218.

81 A.D.3d 464 (2011)

916 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GILBERTO SOSA, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEITH BROCK, Respondent.

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

Decided February 8, 2011.


The resentencing court properly determined that both defendants were eligible for resentencing under the 2009 Drug Law Reform Act (DLRA). These consolidated appeals involve the interpretation of the 10-year look-back provision of CPL 440.46(5)(a), which affects the eligibility of drug offenders with prior violent felony convictions for resentencing under the 2009 DLRA. We conclude that the look-back period runs back from the date of a defendant's resentencing application...

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