People v. Landy

Appeal from an order of the County Court of Schenectady County (Drago, J.), entered October 13, 2010, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 1997, defendant was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree (two counts) and was thereafter sentenced to an aggregate prison term of 8 to 16 years. In 2009, while on parole, defendant violated the terms of his parole and was reincarcerated. Defendant thereafter moved for resentencing pursuant to CPL 440.46. County Court denied the motion on the basis…