People v. Anonymous

In January 2005, defendant was convicted, upon a guilty plea, of criminal possession of a controlled substance in the third degree and bail jumping in the second degree. The plea was part of a cooperation agreement, which defendant violated when he failed a drug test. Following an unsuccessful direct appeal (People v Anonymous, 36 AD3d 522 [2007], lv denied 8 NY3d 919 [2007]), in January 2010, defendant moved to be resentenced pursuant to the resentencing provisions of the Drug Law Reform Act of 2009 (see CPL 440.46 [1], [3]; L 2009, ch 56, part AAA, § 9). In its response to the motion, the…