People v. Irvin

Appeal from an order of the Ontario County Court (William E Kocher, J.), dated June 7, 2010 pursuant to the 2009 Drug Law Reform Act. The order denied defendant’s application to be resentenced upon defendant’s 2002 conviction of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Ontario County Court for further proceedings in accordance with the following memorandum: On defendant’s appeal from an order denying his application for resentencing pursuant to the 2009 Drug…