People v. Murray

In 2003 the defendant pleaded guilty to conspiracy in the second degree (Penal Law § 105.15) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and was sentenced to concurrent indeterminate terms of imprisonment. The crimes arose from the same general set of circumstances. In 2009, the defendant moved for resentencing on both convictions pursuant to CPL 440.46. The Supreme Court granted the defendant’s motion with respect to his conviction of criminal sale of a controlled substance in the third degree, but found that it was unauthorized under CPL 440.46,…