People v. Gutierrez

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about May 23, 2007, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act (L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for a de novo determination in accordance with the decision herein.

The record does not establish any compliance with the statutory mandate (L 2005, ch 643, § 1) that “[t]he court shall offer an opportunity for a hearing and bring the applicant before it” (see People v Figueroa, 21 AD3d 337 [2005], lv denied 6 NY3d 753 [2005]). Additionally, by…