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PEOPLE v. SOSA

No. 31.

18 N.Y.3d 436 (2012)

963 N.E.2d 1235

940 N.Y.S.2d 534

2012 NY Slip Op 1101

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

Court of Appeals of New York.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( David P. Stromes and Christopher P. Marinelli of counsel), for appellant.

Center for Appellate Litigation, New York City ( Barbara Zolot and Robert S. Dean of counsel), for respondent.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Under the Drug Law Reform Act of 2009 (L 2009, ch 56 [codified in relevant part at CPL 440.46] [hereinafter DLRA-3]), certain defendants serving indeterminate sentences imposed pursuant to the now repealed Rockefeller Drug Laws for class B drug felonies may apply for resentencing. The acknowledged purpose of this remedial legislation is to afford relief to low-level...

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