People v. Nieves

OPINION OF THE COURT

Daniel P. Conviser, J.

The defendant moves to be resentenced pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, part AAA, § 9, codified at CPL 440.46 [2009 DLRA]). That motion is opposed by the People. For the reasons stated below, although the defendant is eligible for resentencing, the court holds that substantial justice dictates the denial of defendant’s motion.

Statement of Facts

The defendant was arrested for the instant offense on October 16, 1994. He was convicted after a jury trial in that case of criminal sale of a controlled substance in the third degree…