People v. Joseph

Defendant was convicted in 2004 of criminal sale of a controlled substance in the third degree and sentenced to a prison term of 3 to 9 years. In 2010, defendant applied to be resentenced under the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). At the conclusion of the hearing that *1325followed, County Court issued a bench decision denying the application, and defendant now appeals.

The record contains no written order denying defendant’s application for resentencing. We have recently held that in the absence of an appealable paper, we are without jurisdiction to consider…