People v. Cain

Appeal from an order of the County Court of Schenectady County (Hoye, J.), entered January 18, 2013, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 2004, defendant was convicted of criminal possession of a controlled substance in the third degree following his plea of guilty and sentenced to a prison term of 7 to 14 years. This *1283conviction was upheld on appeal (People v Cain, 24 AD3d 889 [2005], lv denied 7 NY3d 753 [2006]). In 2012, defendant sought resentencing pursuant to the Drug Law Reform Act of 2009 (see CPL 440.46). Although defendant was eligible for…