People v. Witkowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant was convicted, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (see Penal Law § 220.16), based on an offense committed in 2003, and was sentenced in October 2004 to an indeterminate term of 6 to 12 years of imprisonment. In January 2010 the defendant moved to be resentenced pursuant to CPL 440.46, which extends to certain eligible individuals in the custody of the Department of Correctional Services who were convicted of a class B felony offense defined in Penal Law article 220 committed prior to January 13, 2005, the opportunity to…
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