| People v Corley |
| 2007 NY Slip Op 09408 [45 AD3d 857] |
| November 27, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Dornell Corley, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and William H. Branigan of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.),dated January 5, 2006, denying his motion to be resentenced on a judgment rendered May 9,1995, convicting him of criminal sale of a controlled substance in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the order is affirmed.
Chapter 643 of the Laws of 2005 (hereinafter Chapter 643), popularly known as the DrugLaw Reform Act of 2005, grants to certain inmates convicted of class A-II drug felonies the rightto move for resentencing. This Court, along with the Appellate Division, First Department, andthe Appellate Division, Third Department, have held that Chapter 643 does not apply to inmateswho are three years or fewer away from eligibility for parole (see People v Thomas, 35 AD3d 895, 896 [2006]; People v Parris, 35 AD3d 891, 892[2006]; People v Bautista, 26 AD3d230 [2006]). This holding applies with no less force to the defendant, who became eligiblefor parole in 2003 and has already been denied parole several times. Since, by statute, thedefendant's next parole hearing will always be less than three years away from any date he movesfor resentencing in the future (see Executive Law § 259-i [2]), Chapter 643 doesnot and will not afford him the right to move for resentencing (see also Correction Law§ 851 [2]). We decline the defendant's request to overrule People v Parris (see People v Taylor, 9 NY3d 129,156-159 [2007]). If the Legislature concludes that Chapter 643 is unfair, it may amend it (seePeople v Mills, 14 Misc 3d 1220 [A], 2007 NY Slip Op 50100[U], *5; cf. People v Taylor, 9 NY3d 129,162-164 [2007][*2][Smith, J., concurring]). Goldstein, J.P.,Fisher, Carni and McCarthy, JJ., concur.