People v. Allen

Appeal from an order of the County Court of Broome County (Smith, J.), entered June 18, 2013, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 1999, defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree and sentenced to a prison term of 4V2 to 9 years. He moved in 2010 for resentencing under the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). We previously reversed an order of County Court finding defendant to be ineligible for resentencing due to his commission of a violent…