Opinion
No. 1723.
December 10, 2009.
Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about December 4, 2007, which, to the extent appealed from as limited by the brief, denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2004 (DLRA) (L 2004, ch 738), unanimously reversed, on the law, and the matter remanded for a de novo determination.
Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Matthew C. Williams of counsel), for respondent.
Before: Gonzalez, P.J., Friedman, McGuire, DeGrasse and Manzanet-Daniels, JJ.
As the People concede, a remand is necessary on defendant's application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree ( see People v Rampino, 55 AD3d 348) because the DLRA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence of equal length for his first-degree conspiracy conviction, upon which he is ineligible for resentencing.