People v. Santana

Appeal by the defendant from an order of the Supreme Court, Kings County (Dwyer, J.), dated September 12, 2012, which, *759without a hearing, denied his motion for resentencing pursuant to CPL 440.46, on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on December 3, 2002.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance with CPL 440.46.

The Supreme Court denied the defendant’s motion for resentencing…