| People v Dunham |
| 2007 NY Slip Op 10291 [46 AD3d 1416] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert R.Dunham, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from an order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.),entered March 22, 2006 pursuant to the 2005 Drug Law Reform Act. The order denieddefendant's application to be resentenced upon defendant's 1995 conviction of criminal sale of acontrolled substance in the second degree.
It is hereby ordered that the order so appealed from be and the same hereby is unanimouslyaffirmed.
Memorandum: Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act(L 2005, ch 643, § 1) denying his application for resentencing upon his 1995 conviction ofcriminal sale of a controlled substance in the second degree (Penal Law § 220.41 [former(1)]). Supreme Court properly denied defendant's application because defendant was eligible forparole within three years of the time of his application and thus was not eligible to be resentenced(see L 2005, ch 643, § 1; People v Smith, 45 AD3d 1473 [2007]). Here, itis undisputed that, at the time of his application for resentencing in October 2005, defendant waseligible for parole in March 2007 and was released to parole supervision at that time.Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.