People v. Bagby

OPINION OF THE COURT

Rory J. Bellantoni, J.

*883This proceeding concerns whether defendant, who presently is incarcerated for 90 days following a conviction for a parole violation, may be resentenced under the recently enacted Rockefeller Drug Law Reform Act pertaining to those individuals previously convicted of an A-I or A-II felony drug offense.

Defendant filed a motion pursuant to Criminal Procedure Law § 440.20, and a petition for a writ of habeas corpus, in which he asserted that he should be resentenced based upon the Rockefeller Drug Law Reform Act (Penal Law §§ 60.04, 70.70, 70.71; L 2004,…