People v. Arroyo

Because this State’s Legislature wanted to grant relief from the harsh punishment imposed upon nonviolent drug offenders under the Rockefeller Drug Laws, the Drug Law Reform Act (DLRA) of 2009 (L 2009, ch 56, § 1, part AAA, § 9), codified in part at CPL 440.46, permits a criminal defendant imprisoned for class B drug felonies committed while the Rockefeller Drug Laws were in force to apply for resentencing under the current, less severe sentencing regime (People v Paulin, 17 NY3d 238, 243-244 [2011]). Specifically CPL 440.46 (1) states that iC[a]ny person in the custody of the department of…