People v. Colon

Judgment of the Supreme Court, New York County (Lang, J.), rendered May 2, 1980, unanimously modified, on the law, to the extent of reversing and vacating the resentence of defendant and remanding the matter for resentence. Defendant was convicted on October 17, 1974, on his plea of guilty, to criminal sale of a controlled substance in the third degree. He was sentenced to a term of imprisonment of one year to life. Thereafter, a statute was enacted (Penal Law, § 60.09) which relaxed the rigors of the Rockefeller narcotics sentencing provisions and authorized the imposition of a lesser…