| People v Hardy |
| 2008 NY Slip Op 02615 [49 AD3d 779] |
| March 18, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ronald Hardy, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Lauren DelGiorno of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Honorof, J.),entered August 10, 2006, which denied his motion for resentencing pursuant to the Drug LawReform Act of 2005 (L 2005, ch 643) on his conviction of criminal sale of a controlled substancein the second degree, which sentence was originally imposed, upon his plea of guilty, on June 26,1996.
Ordered that the order is affirmed.
Since the defendant had already been released on parole in connection with his 1996conviction when he moved for resentencing pursuant to the Drug Law Reform Act of 2005 (L2005, ch 643), he was no longer eligible for resentencing, and the court could therefore properlydeny the motion without first holding a hearing (see People v McCurdy, 46 AD3d 843 [2007], lv dismissed9 NY3d 1036 [2008]; People vCorley, 45 AD3d 857 [2007]). Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.