People v. Mills

Appeal from an order of the Onondaga County Court (Anthony F. Aloi, J.), entered January 25, 2007. The order granted the motion of the People pursuant to CPL 440.40 (1) to vacate a new sentence pursuant to the 2005 Drug Law Reform Act.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order that vacated a new sentence pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643, § 1) granted upon his application to be resentenced and that reimposed his original sentence. County Court properly vacated the new sentence and reimposed…