People v. Bustamante

Appeal from an order of the County Court of Columbia County (Nichols, J.), entered December 13, 2007, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act of 2005.

In 1991, defendant was convicted of criminal possession of a controlled substance in the second degree—a class A-II nonviolent felony—and was sentenced to a prison term of four years to life. He was released to parole supervision in 1995 but thereafter incarcerated—most recently in 2007—on three separate occasions for violations of parole. On this appeal, defendant asserts that County Court improperly…