People v. Cuebas

Appeal by the defendant from so much of an order of the Supreme Court, Kings County (Barros, J.), entered May 26, 2006, as denied his application to be resentenced pursuant to chapter 643, section 1 of the Laws of 2005.

Ordered that the order is affirmed insofar as appealed from.

In February 2001 the defendant was convicted, inter alia, of criminal possession of a controlled substance in the second *829degree, a class A-II felony offense, upon a plea of guilty, and was sentenced to an indeterminate term of nine years to life imprisonment. In January 2006, the defendant petitioned for resentencing…