People v. Shumate

Appeal from an order of the County Court of Schenectady County (Drago, J.), entered June 27, 2012, which denied defendant’s application for resentencing pursuant to CPL 440.46.

In 1994, defendant was convicted of criminal sale of a controlled substance in the third degree and was sentenced as a persistent felony offender to 15 years to life in prison (see People v Shumate, 227 AD2d 719, 720 [1996], lv denied 88 NY2d 994 [1996]). In 2011, he applied for resentencing pursuant to CPL 440.46. County Court denied his application, finding that he was ineligible for resentencing under the statute due…