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77 A.D.3d 500

People v. Cuello

Appellate Division of the Supreme Court of the State of New York · decided 2010-10-19

Decided 2010-10-19

¶1Order, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), entered January 14, 2010, which denied defendant’s CEL 440.46 motion for resentencing, unanimously affirmed.

¶2Defendant 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 parole violation (see People v Pratts, 74 AD3d 536 [2010]). Concur—Mazzarelli, J.P., Sweeny, Acosta, Abdus-Salaam and Román, JJ.

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