People v. Bispo

Appeal by the People from a resentence of the Supreme Court, Queens County (Hollie, J.), imposed February 14, 2008, pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), after a hearing, upon the defendant’s conviction of criminal possession of a controlled substance in the second degree, upon his plea of guilty.

*693Ordered that the resentence is affirmed.

As we have previously held in this matter, there is no merit to the People’s contention that a defendant from whom a merit-time allowance has been withheld pursuant to Correction Law § 803 (1) (d) (iv) is not eligible for…