People v. Gregory

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Corrigan, J.), entered May 8, 2015, as denied, without a hearing, that branch of his motion which was to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed on November 2, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of that branch of the defendant’s…