PEOPLE v. PHILLIPS

2010-00795.

82 A.D.3d 1011 (2011)

919 N.Y.S.2d 88

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

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

Decided March 15, 2011.


Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Orange County, for further proceedings and a new determination of the defendant's motion.

In the Drug Law Reform Act of 2009 (hereinafter 2009 DLRA), the Legislature provided that "[a]ny person in the custody of the department of correctional services convicted of a class B felony offense defined in article two hundred twenty of

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