People v. Green

Appeal by the defendant from an order of the Supreme Court, Queens County (Paynter, J.), dated February 28, 2012, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, the sentence being an indeterminate term of *827imprisonment of 4V2 to 9 years, which was originally imposed, upon his plea of guilty, on July 2, 2007.

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