People v. Johnson

Defendant is ineligible for resentencing under the 2009 Drug Law Reform Act because of his prior violent felony conviction. It is immaterial that that conviction did not serve as the basis for his adjudication as a second felony offender on the drug conviction upon which he seeks resentencing (see People v Wright, 78 AD3d 474 [2010]). Defendant’s estoppel arguments are without merit.

The court properly applied the tolling provisions of CPL 440.46 (5) (a) with regard to defendant’s many periods of incarceration. The court did not take on a prosecutorial function or deprive defendant of due…