People v. Capaci

Appeal, by permission, from an order of the County Court of Sullivan County (LaBuda, J.), entered July 8, 2005, which denied defendant’s motion pursuant to CPL 440.20 to set aside the sentence following his conviction of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree, waived his right to appeal, and was sentenced to a prison term of 2Vs to 7 years. Defendant then moved pursuant to CPL 440.20 to set aside his sentence alleging that the Rockefeller Drug Law Reform Act (see L 2004,…