People v. Figueroa

OPINION OF THE COURT

Daniel P. Conviser, J.

The defendant moves to be resentenced pursuant to the Drug Law Reform Act of 2009 (2009 DLRA) (L 2009, ch 56, part AAA, § 9, codified at CPL 440.46). That motion is opposed by the People. For the reasons stated below, defendant’s motion is granted and the defendant is offered a new determinate *753sentence of three years in prison followed by two years of post-release supervision.1

Statement of Facts

Defendant was convicted of criminal sale of a controlled substance in the third degree and on November 19, 2002 given an indeterminate sentence of imprisonment…