PEOPLE v. GONZALEZ

2010-10508.

92 A.D.3d 798 (2012)

938 N.Y.S.2d 448

2012 NY Slip Op 1273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GONZALEZ, Appellant.

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

Decided February 14, 2012.


Ordered that the order is affirmed.

The defendant moved to be resentenced pursuant to CPL 440.46, a statute which extended the availability of reduced sentencing under the Drug Law Reform Act of 2004 (L 2004, ch 738) to individuals convicted of class B drug felonies (see L 2004, ch 738, § 23; L 2005, ch 643, § 1). Following a hearing, the Supreme Court denied the motion.

The defendant is a repeat felony offender with a lengthy criminal history...

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