People v. Fikaris

OPINION OF THE COURT

Irving Lang, J.

This application for bail pending sentence presents two *461unique issues in connection with the recently enacted statute (L 1979, ch 410), effective September 1, 1979, reclassifying the drug laws and providing, inter alia, for resentencing of those persons convicted of a class A-III offense committed prior to September 1 (Penal Law, § 60.09).

The first issue is whether the defendant, after pleading guilty to a class A-III felony and being sentenced under former section 70.00 of the Penal Law, is entitled to immediate resentencing pursuant to section 60.09 of the…