| People v Hardy |
| 2008 NY Slip Op 02615 [49 AD3d 779] |
| March 18, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ronald Hardy, Appellant. |
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Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Lauren Del
Giorno of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Honorof, J.), entered August 10, 2006, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal sale of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on June 26, 1996.
Ordered that the order is affirmed.
Since the defendant had already been released on parole in connection with his 1996 conviction when he moved for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), he was no longer eligible for resentencing, and the court could therefore properly deny the motion without first holding a hearing (see People v McCurdy, 46 AD3d 843 [2007], lv dismissed 9 NY3d 1036 [2008]; People v Corley, 45 AD3d 857 [2007]). Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.