People v. Duke

Appeal by the defendant from an order of the Supreme Court, Queens County (Camacho, J), dated January 27, 2012, which, without a hearing, denied his motion to be resentenced pursuant to CEL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on April 4, 1995.

*956Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new determination of the defendant’s motion, in accordance herewith.

The statutory procedures governing the…