People v. Herrera

Appeal by the defendant from an order of the County Court, Suffolk County (Braslow, J.), dated June 20, 2007, which, after a hearing, denied his application to be resentenced under the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), and the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1).

Ordered that the order is affirmed.

In 1984 the defendant was convicted, following a jury trial, of criminal sale of a controlled substance in the first degree, a class A-I felony, and conspiracy in the second degree. The convictions arose from the defendant’s involvement in bringing more than 50 pounds…