People v. Buckery

Appeal from an order of the County Court of Warren *1192County (Hall, Jr., J.), entered June 6, 2011, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

Following defendant’s 2004 conviction of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, he was sentenced as a persistent felony offender to 20 years to life in prison, and his conviction was later upheld on appeal (People v Buckery, 20 AD3d 821 [2005], lv denied 5 NY3d 826 [2005]). Defendant’s 2009 motion for resentencing pursuant to the…