| People v Salvatierra |
| 2008 NY Slip Op 04399 [51 AD3d 1218] |
| May 15, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RichardSalvatierra, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Rose, J. Appeal from an order of the County Court of Broome County (Smith, J.), enteredFebruary 21, 2006, which, among other things, denied defendant's motion for resentencingpursuant to the Drug Law Reform Act of 2005.
In satisfaction of two pending indictments, defendant pleaded guilty in April 1997 tocriminal possession of a controlled substance in the second degree and attempted sodomy in thefirst degree, and County Court imposed consecutive prison sentences of five years to life and1½ to 4½ years, respectively. Following the enactment of the Drug Law Reform Actof 2005 (L 2005, ch 643, § 1 [hereinafter DLRA 2005]), defendant applied forresentencing and County Court denied the motion, holding that defendant did not satisfy theeligibility criteria contained therein. This appeal by defendant ensued.
We affirm. "[I]n order to qualify for resentencing under [DLRA 2005], a class A-II felonydrug offender must not be eligible for parole within three years" (People v Thomas, 35 AD3d 895,896 [2006]). As defendant was already eligible for parole at the time he applied for resentencing,County Court correctly denied his application (see People v Owens, 45 AD3d 1050 [2007]). Inasmuch asdefendant was plainly ineligible, as a matter of law, for resentencing, [*2]County Court quite properly denied his application and, further, didnot err in doing so without a hearing (see People v Perez, 44 AD3d 418, 419 [2007], lv denied 9NY3d 992 [2007]).
Cardona, P.J., Mercure, Malone Jr. and Kavanagh, JJ., concur. Ordered that the order isaffirmed.