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PEOPLE v. DAIS

Nos. 114, 115.

19 N.Y.3d 335 (2012)

2012 NY Slip Op 4201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUINTON DAIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD STANLEY, Appellant.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Abigail Everett and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Caitlan J. Halligan , Alan Gadlin and Christopher P. Marinelli of counsel), for respondent.

Appellate Advocates, New York City ( David P. Greenberg and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Sharon Y. Brodt and John M. Castellano of counsel), for respondent.

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

OPINION OF THE COURT

PIGOTT, J.

Under the Drug Law Reform Act of 2009 (2009 DLRA), "[a]ny person in the custody of the department of corrections and community supervision convicted of a class B felony offense as defined in ... [Penal Law article 220] which was committed prior to [January 13, 2005]" and "who is serving an indeterminate sentence with a maximum term of more than three years, may," subject to certain exclusions, "apply to be resentenced to a...

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