People v. Chaires

Defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 4 to 12 years. After his release on parole, he was again arrested and pleaded guilty to the crime of attempted criminal sale of a controlled substance in the third degree, and was returned to prison. Defendant subsequently moved to be resentenced pursuant to CPL 440.46, but was released on parole prior to a determination being made on his application. County Court dismissed his application on the basis that defendant was ineligible…