People v. Civitello

In 2000, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree in satisfaction of a two-count indictment. As a result, he was sentenced to a prison term of 8 to 16 years. Thereafter, defendant applied for resentencing pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, as codified in CPL 440.46). County Court determined that defendant was eligible for relief under that statute and ordered a hearing. Following that hearing, the court denied the application orally from the bench. This appeal by defendant followed.

Notably, the Drug Law…