Opinion
2014-09-25
The PEOPLE of the State of New York, Respondent, v. Luis RAMIREZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel), for respondent.
Order, Supreme Court, New York County (Patricia Nunez, J.), entered on or about April 4, 2013, which denied defendant's motion for resentencing under the Drug Law Reform Act of 2005 (L. 2005, ch. 243), unanimously affirmed.
The court properly determined that defendant is ineligible for resentencing because he had already been released to parole supervision for his class A–II drug felony conviction at the time he made the instant application ( see People v. Mills, 11 N.Y.3d 527, 537, 872 N.Y.S.2d 705, 901 N.E.2d 196 [2008] ). Accordingly, this Court has no lawful basis upon which to reduce defendant's sentence of 6 years to life on that conviction to a term of 6 years. We have considered and reject defendant's remaining arguments. SWEENY, J.P., MOSKOWITZ, DeGRASSE, MANZANET–DANIELS, CLARK, JJ., concur.