People v. Fuller

Appeal from a judgment of the County Court of Warren County (Hall, Jr., J.), rendered December 22, 2009, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.

In 2004, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced to 7 to 14 years in prison. Thereafter, following passage of the Drug Law Reform Act of 2009 (see L 2009, ch 56), defendant applied to County Court for resentencing pursuant to CPL 440.46. The court, in turn, offered to resentence defendant to 10…