People v. Brown

Appeal by the People from a resentence of the Supreme Court, Queens County (Latella, J.), imposed April 12, 2010, pursuant to CPL 440.46, upon the defendant’s conviction of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, upon a jury verdict.

Ordered that the resentence is affirmed.

Contrary to the People’s contention, the defendant’s status as a reincarcerated parole violator did not render him ineligible to *1263apply for resentencing pursuant to CPL 440.46 (see People v Johnson, 83 AD3d 734 [2d Dept 2011]; People v…