| People v McCurdy |
| 2007 NY Slip Op 10180 [46 AD3d 843] |
| December 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarkMcCurdy, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall ofcounsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Hall, J.), datedJanuary 12, 2006, which denied his motion for resentencing pursuant to the Drug Law ReformAct of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substancein the second degree, which sentence was originally imposed, upon a jury verdict, on May 17,2004.
Ordered that the order is affirmed.
Contrary to the defendant's contention, since the defendant was fewer than three years fromparole eligibility, the Supreme Court properly denied his motion to be resentenced pursuant tothe Drug Law Reform Act of 2005 (L 2005, ch 643; see People v Thomas, 38 AD3d 319 [2007]; People v Nolasco, 37 AD3d 622[2007]; People v Thomas, 35 AD3d895 [2006]; People v Parris, 35AD3d 891 [2006]; People vBautista, 26 AD3d 230 [2006]). Santucci, J.P., Skelos, Lifson and Carni, JJ., concur.[See 11 Misc 3d 757 (2006).]