People v. Davis

Appeal from an order of the County Court of Schenectady County (Hoye, J.), entered June 6, 2013, which denied defendant’s application for resentencing pursuant to CPL 440.46.

*1107In 2003, in satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree in exchange for a prison sentence of 3 to 9 years. Defendant was arrested and indicted on new charges while awaiting sentencing and, having signed a Parker admonishment, received an enhanced prison sentence of 6 to 18 years. In 2004, defendant was convicted, upon entry of his guilty…