People v. Cagle

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about September 16, 2008, which denied defendant’s motion to be resentenced under the Drug Law Reform Act (DLRA) of 2005 (L 2005, ch 643), unanimously affirmed.

In denying defendant’s application made under the 2005 DRLA, the court correctly found that he was ineligible for resentencing on his second-degree conspiracy conviction because, regardless of the drug-related nature of the underlying conduct, he was not convicted of an offense defined in article 220 of the Penal Law (see People v Caba, 49 AD3d 380 [2008],…