People v. Pomales

OPINION OF THE COURT

Barbara F. Newman, J.

Pursuant to Criminal Procedure Law § 440.46, defendant has filed a motion for resentencing pursuant to the Drug Law Reform Act of 2009 (DLRA) (L 2009, ch 56, part AAA, § 9). The People oppose defendant’s motion asserting that because defendant is a nonincarcerated parolee he does not meet the statutory eligibility requirements for resentence.

The court has reviewed the applicable law and the following documents: (1) defendant’s motion for resentencing; (2) defendant’s affirmation in support of defendant’s motion for resentencing; (3) the People’s…