People v. Figueroa

Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), rendered April 11, 2005, which denied defendant’s motion to be resentenced pursuant to the 2004 Drug Law Reform Act (DLRA), unanimously reversed, on the law, and the matter remanded for further proceedings in accordance herewith.

On May 14, 2002, defendant was sentenced to a term of 23 years to life following his conviction of criminal possession of a controlled substance in the first degree, a class A-I felony, after he was found to be in possession of more than six ounces of heroin (Penal Law § 220.21 [former (1)]).

In December…