People v. Pratts

Order, Supreme Court, Bronx County (John E Collins, J.), rendered December 1, 2009, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant, a reincarcerated parole violator, is not eligible to be resentenced under the 2009 Drug Law Reform Act (DLRA) (L 2009, ch 56). We conclude that the 2009 DLRA, like its predecessors, “was not intended to apply to those offenders who have served their term of imprisonment, have been released from prison to parole supervision, and whose parole is then violated, with a resulting period of incarceration” (People v Bagby, 11…