People v Cuello

2010 NY Slip Op 07407 [77 AD3d 500]

October 19, 2010

Appellate Division, First Department

As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent, v SteveCuello, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), forappellant.

Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), forrespondent.

Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010,which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56),in that he was released on parole from custody on his drug conviction, but reincarcerated for a paroleviolation (see People v Pratts, 74 AD3d536 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam andRomÁn, JJ.