People v. Burnett

OPINION OF THE COURT

Barry Kron, J.

The defendant has moved to be resentenced pursuant to Criminal Procedure Law § 440.46.1

In this case, defendant was indicted for criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree (two counts), criminal use of drug paraphernalia in the second degree (two counts), and unlawful possession of marijuana (Queens County indictment No. QN12852-96).

Defendant pleaded guilty on October 17, 1997 to…