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PEOPLE v. STEWARD

Nos. 29, 30.

18 N.Y.3d 493 (2012)

964 N.E.2d 388

941 N.Y.S.2d 17

2012 NY Slip Op 1099

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY STEWARD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAFIS WRIGHT, Appellant.

Court of Appeals of New York.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( David J. Klem,   Jan Hoth and Robert S. Dean of counsel), for appellants in the first and second above-entitled actions.

Cyrus R. Vance, Jr. , District Attorney, New York City ( John B. F. Martin and Christopher P. Marinelli of counsel), for respondent in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( John B. F. Martin and Christopher P. Marinelli of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The Drug Law Reform Act of 2009 permits resentencing for persons in the custody of the Department of Corrections and Community Supervision* who are serving an indeterminate sentence with a maximum term of more than three years for a Penal Law article 220 class B felony that was committed before January 13, 2005 (see CPL 440.46 [1]). Resentencing is unavailable, however, "to any person who...

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