People v. Santana

OPINION OF THE COURT

Margaret L. Clancy, J.

On November 28, 2005, defendant was convicted following a jury trial of five counts of criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44 [2]), a class B felony. On February 23, 2006, this court sentenced defendant to an indeterminate term of 10 to 20 years’ imprisonment. Defendant’s conviction and sentence were affirmed. (People v Santana, 48 AD3d 286 [1st Dept 2008], Iv denied 10 NY3d 844 [2008].)

Defendant now moves this court, pursuant to Criminal Procedure Law § 440.46 and Penal Law §§ 60.04 and 70.70, to…