People v. Suya

OPINION OF THE COURT

Richard Lee Price, J.

By motion submitted November 18, 2010, defendant moves pursuant to CPL 440.46 (added by Drug Law Reform Act of 2009 [L 2009, ch 56, part AAA, § 9] [DLRA 3]) for resentencing in accordance with Penal Law §§ 60.04 and 70.70 to a determinate term of six years’ imprisonment with IV2 years’ postrelease supervision. The District Attorney, while not contesting defendant’s eligibility for such relief, strenuously opposes his *635request based on his extensive criminal record and poor institutional record of confinement.

After conducting a hearing on defendant’s…