People v. Anonymous

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about January 26, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

The court met its statutory obligation to “offer an opportunity for a hearing and bring the applicant before it” (CPL 440.46 [3] [incorporating by reference provisions of 2004 Drug Law Reform Act (L 2004, ch 738, § 23)]) when defendant was “brought before the court and given an opportunity to be heard” (see People v Soler, 45 AD3d 499 [2007], lv denied 9 NY3d 1009 [2007]). Where the critical facts are…