People v. Davis

Appeal from an order of the County Court of Broome County (Smith, J.), entered October 11, 2012, which denied defendant’s application for resentencing pursuant to CPL 440.46.

In 2002, defendant was convicted of criminal sale of a controlled substance in the third degree and was sentenced to 8 to 16 years in prison. In 2012, defendant made an application to be resentenced under the Drug Law Reform Act of 2009. County Court denied the application and defendant appeals.

We affirm. Pursuant to the Drug Law Reform Act, eligible defendants shall be resentenced unless “substantial justice dictates…