People v. Jones

Appeal by the defendant from an order of the County Court, Suffolk County (Toomey, J.), dated April 4, 2014, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on February 28, 1994.

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for further proceedings in accordance with the resentencing procedure set forth in CPL 440.46.

Contrary to the defendant’s contention, his right…