People v. Simmons

Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated November 7, 2012, which denied, without a hearing, his motion to be resentenced pursuant to CPL 440.46 on his convictions of criminal sale of a con*655trolled substance in the third degree and criminal possession of a controlled substance in the third degree, which sentence was originally imposed on March 29, 1993.

Ordered that the order is reversed, on the facts and in the exercise of discretion, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for further…