People v. Delayo

Lahtinen, J.P.

Appeal from a decision of the County Court of Schenectady County (Drago, J.), dated April 12, 2011, which informed defendant of the term of a determinate sentence of *1125imprisonment it would impose in the event of a resentence pursuant to CPL 440.46.

Following his plea of guilty to two counts of criminal sale of a controlled substance in the third degree, defendant was sentenced to an aggregate prison term of 8 to 24 years, to be followed by one year of postrelease supervision. He was eligible for resentencing on one of those counts pursuant to CPL 440.46, and subsequently moved for…