Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Juan Lazo, Appellant
46 A.D.3d 1463847 N.Y.S.2d 884·New York Supreme Court, Appellate Division·2007·NY
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Opinion
The People of the State of New York, Respondent, v Juan Lazo, Appellant.
[847 NYS2d 884]
[MAJORITY]
Appeal from an order of the Onondaga County Court (Anthony F. Aloi, J.), entered January 4, 2006 pursuant to the 2005 Drug Law Reform Act. The order denied defendant’s application to be resentenced upon defendant’s 2002 conviction of criminal possession of a controlled substance in the second degree.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1) denying his application for resentencing. Contrary to the contention of defendant, County Court properly denied his application inasmuch as he was eligible for parole within three years and thus did not qualify for resentencing pursuant to DLRA-2 (see People v Smith, 45 AD3d 1478 [2007]; People v Parris, 35 AD3d 891 [2006]; People v Thomas, 35 AD3d 895 [2006]). Present— Gorski, J.P., Martoche, Smith, Centra and Green, JJ.