| People v Walker-Llanos |
| 2012 NY Slip Op 00664 [92 AD3d 974] |
| February 2, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v LarryWalker-Llanos, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Egan Jr., J. Appeal from a decision of the County Court of Schenectady County (Giardino,J.), dated April 1, 2010, which denied defendant's motion for resentencing pursuant to CPL440.46.
Defendant pleaded guilty to various felony drug offenses and was sentenced as a secondfelony offender to concurrent prison terms of 8 to 16 years. Thereafter, defendant petitioned forresentencing pursuant to the Drug Law Reform Act of 2009 (L 2009, ch 56, codified in CPL440.46). County Court denied the application from the bench and this appeal ensued.
Absent County Court's bench decision being reduced to a written order as required by theDrug Law Reform Act (L 2004, ch 738, § 23), this Court does not have jurisdiction toconsider defendant's appeal and the matter must be remitted to County Court for issuance of anappropriate order (People vCivitello, 89 AD3d 1244 [2011]; People v Buckery, 84 AD3d 1588, 1589 [2011]).
Mercure, A.P.J., Spain, Kavanagh and Stein, JJ., concur. Ordered that the appeal isdismissed, and matter remitted to the County Court of [*2]Schenectady County for further proceedings not inconsistent withthis Court's decision.