People v. Degrafinreid

Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.), dated March 15, 2010, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, after a jury trial, on July 8, 1999.

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

The defendant, at the time that he made his motion pursuant to CPL 440.46, was incarcerated as a result of a prior…