People v. Overton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.P.
In this case, we consider whether the defendant’s release from incarceration to parole supervision affects his eligibility for resentencing under the 2009 Drug Law Reform Act (L 2009, ch 56, part AAA, § 9 [hereinafter the 2009 DLRA]), as codified in CPL 440.46, and renders the instant appeal academic. For the reasons that follow, upon applying the criteria for eligibility under the 2009 DLRA, we determine that the instant appeal is not academic. On the merits, we conclude that a reduction of the resentence proposed by the Supreme Court is not warranted.
I.…
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