People v. Shire

Appeal from an order of the County Court of Clinton County (McGill, J.), entered December 18, 2010, which denied defendant’s motion for reconsideration of the denial of his motion for resentencing pursuant to CPL 440.46.

Upon defendant’s 1994 conviction of criminal sale of a controlled substance in the third degree and conspiracy in the *1295fourth degree, he was sentenced as a persistent felony offender to 15 years to life in prison. In 2009, County Court denied his motion for resentencing pursuant to CPL 440.46. Approximately one year later, defendant requested reconsideration of the order…