People v. Fuentes

Appeal by the defendant from an order of the Supreme Court, Kings County (Gorges, J.), dated June 1, 2010, which denied his *815motion for resentencing pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on July 31, 2001.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the defendant’s motion.

In July 2001, the defendant was sentenced to an indeterminate prison term of 5 to 15 years on his…