People v. Jefferson

Appeal by the defendant from an order of the County Court, Suffolk County (Braslow, J.), dated November 12, 2009, which, without a hearing, denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed by the same court, upon his plea of guilty, on January 21, 2005.

Ordered that the order is affirmed.

In order to apply for resentencing under CPL 440.46, a defendant must be in the custody of the Department of Correctional Services, must have been convicted of a class B felony drug…