People v. Pratts

Order, Supreme Court, Bronx County (John P. Collins, J.), entered on or about September 29, 2011, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, as a matter of discretion in the interest of justice, the motion granted, the order replaced by an order specifying and informing defendant of a proposed sentence of two years plus one year of postrelease supervision, and the matter remanded for further proceedings.

Substantial justice does not dictate denial of resentencing *436pursuant to the Drug Law Reform Act of 2009 (see e.g. People v Milton, 86 AD3d 478 [2011]).…