People v. Hoffler

*1414In 2004, defendant was convicted of the crimes of criminal sale of a controlled substance in the third degree (two counts), attempted criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree. He was thereafter sentenced to an aggregate prison term of 17 to 34 years. His judgment of conviction was affirmed by this Court on appeal (People v Hoffler, 41 AD3d 891 [2007], lv denied 9 NY3d 962 [2007]).

In 2009, defendant made an application to be resentenced…