People v. Moore

Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated August 22, 2012, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in or near school grounds, which sentence was originally imposed on October 3, 2002.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys a statutory presumption in favor of resentencing (see People v Gonzalez, 96 AD3d 875, 876 [2012]; People v Beasley, 47 AD3d 639, 641 [2008]; CPL 440.46 [3]; L 2004, ch…