People v. Anonymous

Order, Supreme Court, New York County (Robert H. Straus, J.), entered on or about September 16, 2005, which denied defendant’s motion to be resentenced, unanimously affirmed.

In 1997, defendant was convicted of conspiracy in the first degree (Penal Law § 105.17). Although the conspiracy related to class A drug felonies, the court properly denied his motion because resentencing under the Drug Law Reform Act is only available to those persons who were convicted of offenses defined in article 220 of the Penal Law {see L 2004, ch 738, §23).

While Penal Law § 5.00 provides that Penal Law provisions…