People v. Marchena

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about February 9, 2006, which denied defendant’s motion for resentencing under the Drug Law Reform Act, unanimously affirmed.

Defendant, who is similarly situated to the defendant in People v Paniagua (45 AD3d 98 [2007], lv denied 9 NY3d 992 [2007]), is ineligible for resentencing on his class A-II felony conviction, notwithstanding the fact that he was resentenced on his A-I felony conviction under the 2004 Drug Law Reform Act (DLRA) (L 2004, ch 738). We find no basis upon which to distinguish Paniagua, and we have no…