People v. Leon

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated December 13, 2013, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree (two counts), which sentence was originally imposed on October 24, 2003.

Ordered that the order is affirmed.

A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys “a presumption in favor of granting a motion for resentencing relief” (People v Beasley, 47 AD3d 639, 641 [2008]; see CPL 440.46 [3]; L 2004,…