People v. Martinez

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered April 7, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of six years to life, and order, same court and Justice, entered on or about January 7, 2008, which denied defendant’s motion to be resentenced under the Drug Law Reform Act of 2005 (DLRA) (L 2005, ch 643, § 1), unanimously affirmed.

Since defendant is serving an aggregate term that includes a sentence for a violent felony, he is ineligible for resentencing.…