People v. Bautista

Order, Supreme Court, New York County (Micki A. Scherer, J.), entered on or about November 21, 2005, which denied defendant’s motion to be resentenced pursuant to the 2005 Drug Law Reform Act (DLRA), unanimously affirmed.

The 2005 version of the Drug Law Reform Act (L 2005, ch 643, § 1) provides that a defendant convicted of a class A-II felony drug offense, who was sentenced under prior law to an indeterminate term of imprisonment with a minimum period of not less than three years, “who is more than twelve months from being an eligible inmate as that term is defined in subdivision 2 of…