People v. Golo

Appeal by the defendant from an order of the Supreme Court, Queens County (Margulis, J.), dated January 19, 2016, which, upon remittitur from the Court of Appeals (see People v Golo, 26 NY3d 358 [2015]), after a hearing, denied his motion pursuant to CPL 440.46 to be resentenced upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on June 7, 2004.

Ordered that the order is affirmed.

The 2009 Drug Law Reform Act, codified in CPL 440.46, provides that “[a]ny person in the custody of the department of…