People v. Backman

Ap*1028peal from, an order of the County Court of Broome County (Cawley, J.), entered November 8, 2010, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 2003, defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree and was thereafter sentenced, as a second felony offender, to a prison term of 4V2 to 9 years. Subsequently, in March 2010, while on parole supervision, defendant violated the terms of his release and was returned to prison. In October 2010, defendant moved for resentencing seeking a reduced…