People v. Rampino

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about March 8, 2006, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act (L 2004, ch 738), unanimously reversed, on the law, and the matter remanded to a different Justice for a de novo determination.

As the People concede, a remand to Supreme Court is neces*349sary given that Supreme Court erroneously denied defendant his statutory right to an opportunity for a hearing on his application for resentencing. We direct that the motion be heard before a different Justice because the…