People v. Edell

The County Court properly denied the defendant’s motion for resentencing under the Drug Law Reform Act of 2005 (L 2005, ch 643) (hereinafter the 2005 DLRA). Since the defendant was, at the time of his motion, less than three years from being eligible for release on parole (see L 2005, ch 643, § 1; Correction Law § 851 [2]), he did not qualify for resentencing (see People v Dathan, 48 AD3d 591 [2008]; People v McCurdy, 46 AD3d 843 [2007], lv denied 9 NY3d 1036 [2008]; People v Corley, 45 AD3d 857 [2007]; People v Nolasco, 37 AD3d 622 [2007]; People v Parris, 35 AD3d 891 [2006]; People v…