People v. Nieves

Order, Supreme Court, New York County (Daniel E Conviser, J.), entered on or about July 9, 2012, which, upon remand, denied defendant’s CEL 440.46 motion for resentencing, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded to a different Justice for further proceedings on the motion.

Defendant was convicted in 1997 of class B drug felonies and sentenced to concurrent terms of 51/2 to 11 years. Following his release on parole, he was convicted of a class C felony in 2003 and was sentenced to a term of 31/2 to 7 years to run consecutively to the…