| People v Garcia |
| 2013 NY Slip Op 04025 [107 AD3d 738] |
| June 5, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jose C. Garcia, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Middletown, N.Y. (Lauren E. Grasso andAndrew R. Kass of counsel), for respondent.
Appeals by the defendant from (1) a resentence of the County Court, Orange County(Freehill, J.), imposed May 6, 2010, pursuant to the Drug Law Reform Act of 2004 (L2004, ch 738), upon his conviction of criminal possession of a controlled substance inthe first degree under indictment No. 536/04, upon a jury verdict, which sentence wasoriginally imposed April 14, 2005, and (2) a resentence of the same court, also imposedMay 6, 2010, pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), upon hisconvictions of criminal sale of a controlled substance in the first degree, criminal sale ofa controlled substance in the second degree (two counts), and criminal sale of acontrolled substance in the third degree (two counts) under indictment No. 594/04, upona jury verdict, which sentence also was originally imposed April 14, 2005.
Ordered that the resentences are reversed, on the law, and the matters are remitted tothe County Court, Orange County, for further proceedings in accordance herewith.
As the People correctly concede, the County Court should have entered initial DrugLaw Reform Act (hereinafter DLRA) orders specifying the determinate sentences itwould impose prior to imposing the resentences, and should have advised the defendantof his right to appeal from the initial DLRA orders in accordance with the procedures setforth in the DLRA of 2004 and the DLRA of 2005 (see People v Anderson, 85 AD3d 1043 [2011]; People v Struss, 79 AD3d773, 775 [2010]; People vLove, 46 AD3d 919, 920-921 [2007]). Accordingly, the resentences must bereversed, and the matters must be remitted to the County Court, Orange County, for entryof the initial DLRA orders specifying proposed resentences and informing the defendantthat, unless he withdraws his motion or appeals from the initial DLRA orders, the CountyCourt will enter orders vacating the sentences originally imposed and imposing theproposed resentences (see People v Struss, 79 AD3d at 775-776). Eng, P.J.,Dillon, Dickerson and Chambers, JJ., concur.