People v. Coleman

Appeal from an order of the County Court of Sullivan County (LaBuda, J.), entered January 26, 2010, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

Defendant was convicted of two counts of criminal sale of a controlled substance in the third degree following a jury trial and, in 2001, was sentenced as a persistent felony offender to an aggregate prison term of 15 years to life. County Court thereafter denied defendant’s motion for resentencing pursuant to CPL 440.46, finding him to be ineligible under the terms of that statute. Defendant now appeals.

We reverse. CPL…