PEOPLE v. BARNETT

103195.

89 A.D.3d 1277 (2011)

932 N.Y.S.2d 733

2011 NY Slip Op 8232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK BARNETT, Appellant.

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

Decided November 17, 2011.


Defendant was convicted in 1999 of two counts of criminal possession of a controlled substance in the third degree and one count of conspiracy in the fourth degree, and was sentenced as a second felony offender to an aggregate prison term of 12½ to 25 years. Following the passage of the Drug Law Reform Act of 2009 (see L 2009, ch 56, as codified in CPL 440.46), defendant applied for resentencing. County Court conducted a hearing and found that defendant was eligible...

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