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PEOPLE v. LASHLEY

2010-04566.

83 A.D.3d 868 (2011)

920 N.Y.S.2d 421

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHARON LASHLEY, Respondent.

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

Decided April 12, 2011.

Ordered that the resentence is affirmed.

The Supreme Court properly concluded that the defendant was eligible for resentencing pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46. CPL 440.46 expands the class of offenders who are eligible to seek resentencing to those convicted of class B felonies under the indeterminate sentencing scheme which existed before the first Drug Law Reform Act (L 2004, ch 738) became effective on January 13, 2005. In order...

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