| People v Gutierrez |
| 2008 NY Slip Op 04562 [51 AD3d 536] |
| May 20, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Sergio Gutierrez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Mark Dwyer of counsel), forrespondent.
Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about May 23,2007, which denied defendant's motion for resentencing pursuant to the Drug Law Reform Act(L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for a de novodetermination in accordance with the decision herein.
The record does not establish any compliance with the statutory mandate (L 2005, ch 643,§ 1) that "[t]he court shall offer an opportunity for a hearing and bring the applicant beforeit" (see People v Figueroa, 21 AD3d337 [2005], lv denied 6 NY3d 753 [2005]). Additionally, by merely reciting that"substantial justice requires that this motion be denied," the court's order denying the motion didnot comply with the requirement that any such order "must include written findings of fact andthe reasons for such an order" (L 2005, ch 643, § 1, supra; see People v Williams, 45 AD3d1377 [2007]). Accordingly, we remand for a new determination to be made in compliancewith these requirements. Concur—Gonzalez, J.P., Catterson, McGuire and Moskowitz, JJ.