People v. Roman

*785OPINION OF THE COURT

William I. Mogulescu, J.

The defendant moves, pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, part AAA, § 9 [eff Oct. 7, 2009]) and GPL 440.46, to be resentenced to a determinate sentence of two years followed by IV2 years’ postrelease supervision, in accordance with Penal Law §§ 60.04 and 70.71. The People oppose, arguing that defendant is ineligible for resentencing based on a prior conviction for an “exclusion offense.” Based on a review of the motion papers this court finds that defendant is eligible for resentencing.

On April 27, 1999, under indictment No.…