| People v Buckery |
| 2011 NY Slip Op 04117 [84 AD3d 1588] |
| May 19, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DwayneBuckery, Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Spain, J.P. Appeal from a decision of the County Court of Warren County (Hall, Jr., J.),dated December 22, 2009, which denied defendant's application to be resentenced under the DrugLaw Reform Act of 2009.
Following a jury trial in 2004, defendant was convicted of criminal possession of a controlledsubstance in the third degree and criminal possession of a controlled substance in the fourthdegree and sentenced as a persistent felony offender to a prison term of 20 years to life. Uponappeal, this Court affirmed (People vBuckery, 20 AD3d 821 [2005], lv denied 5 NY3d 826 [2005]). In 2009,defendant brought an application to be resentenced under the Drug Law Reform Act of 2009 (L2009, ch 56, codified at CPL 440.46). At the conclusion of the hearing that followed, CountyCourt denied defendant's application, and this appeal ensued.
"Appeals in criminal cases are strictly limited to those authorized by statute" (People v Bautista, 7 NY3d 838,838-839 [2006]; see CPL 450.10, 450.15, 450.20). Although the Drug Law Reform Actof 2004 (L 2004, ch 738, § 23), which is incorporated by reference in the Drug LawReform Act of 2009 (see CPL 440.46 [3]), permits a defendant to appeal as of right"from an order denying resentencing" (L 2004, ch 738, § 23 [emphasis added]),there is nothing in the [*2]record to suggest that County Court'sbench decision was reduced to a written order as required.[FN*]Absent an appealable paper, we are without jurisdiction to entertain defendant's appeal (see People v Fricchione, 43 AD3d410, 411 [2007]). Accordingly, the appeal is dismissed, and this matter is remitted to CountyCourt for the issuance of the required order (see People v Peck, 46 AD3d 1098, 1099 [2007]).
Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal isdismissed and matter remitted to the County Court of Warren County for further proceedings notinconsistent with this Court's decision.
Footnote *: Laws of 2004 (ch 738, §23) provide that the sentencing court "shall issue an order denying the application" if substantialjustice so dictates.