People v. Encarnacion

Memorandum: Defendant appeals from an order denying his application for resentencing pursuant to the 2004 Drug Law Reform Act ([DLRA-1] L 2004, ch 738, § 23). Defendant failed to preserve for our review his contention that County Court erred in failing to hold an evidentiary hearing inasmuch as he did not request such a hearing (see id.; People v Murray, 89 AD3d 567, 568 [2011], lv denied 18 NY3d 960 [2012]; People v *1747Highsmith, 79 AD3d 1741, 1742 [2010], lv denied 16 NY3d 831 [2011]). In any event, that contention lacks merit. Defendant appeared with defense counsel before the court on the…