People v. Hodge

Appeal by the defendant from an order of the Supreme Court, Richmond County (Collini, J.), dated October 19, 2011, which denied his motion to be resentenced pursuant to CPL 440.46 on his convictions of criminal sale of a controlled substance in the third degree (four counts), which sentence was originally imposed on February 25, 2005, and modified by this Court on July 1, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, and the matter is remitted to the Supreme Court, Richmond County, for further proceedings in accordance with the resentencing procedure…