People v. Mason

*698At the plea proceeding, which resulted in the defendant’s present conviction of criminal sale of a controlled substance in the third degree, the defendant was adjudicated a second felony offender on the basis of a 1994 conviction of robbery in the second degree. The defendant did not challenge the constitutionality of the robbery in the second degree conviction.

The Supreme Court properly determined that, upon resentencing the defendant pursuant to the Drug Law Reform Act of 2009 (hereinafter the 2009 DLRA), codified in CPL 440.46, it would resentence the defendant as a second felony drug…