People v. Price

Order, Supreme Court, New York County (Brenda Soloff, J.), entered on or about May 23, 2006, which denied defendant’s motion for resentencing pursuant to the 2005 Drug Law Reform Act, unanimously affirmed.

Because of the unusual circumstances of this case, we are constrained to affirm the lower court without reaching the issue *367of whether “merit time” should count to determine whether an inmate is eligible for resentencing pursuant to the 2005 Drug Law Reform Act.

On July 16, 2003, defendant pleaded guilty to criminal sale of a controlled substance in the second degree. This was defendant’s…