Upon a thorough review of the aforesaid submissions as well as the prior court record and proceedings relevant hereto, including the minutes of said proceedings, and the Pre-Sentence Investigation submitted to the original sentencing court, it is hereby determined as follows:

that there are no controverted issues of fact requiring an evidentiary hearing;

that following a jury trial, the Defendant herein was convicted of three counts of Criminal Sale of a Controlled Substance in the First Degree in violation of New York State Penal Law Sec. 220.43(1), class A-1 Felonies, and three counts of Criminal Possession of a Controlled Substance in the First Degree in violation of New York State Penal Law Sec. 220.18, also class A-1 Felonies, as well as three counts of Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York State Penal Law Sec. 220.16(1). He was thereupon sentenced on August 15, 1995 by Supreme Court Justice Donald J. Mark to indeterminate concurrent terms of 25 years to life for each count of Criminal Sale of a Controlled Substance in the First Degree, and [*2]for each count of Criminal Possession of a Controlled Substance in the First Degree, and 5 to 15 years for Criminal Possession of a Controlled Substance in the Third Degree, with the New York State Department of Corrections;

that because Defendant stands convicted of A-1 Felony offenses as defined in Article 220 of the Penal Law committed prior to January 13, 2005 for which he was sentenced, as noted, to an indeterminate term of imprisonment with a minimum period of not less than 25 years, he now qualifies for re-sentencing for the crimes of Criminal Sale of a Controlled Substance in the First Degree and Criminal Possession of a Controlled Substance in the First Degree;

that the Honorable Donald J. Mark is not presently a judge or justice of a court of competent jurisdiction, and as such, this matter has been randomly assigned to the undersigned;

that Defendant's judgment of conviction was affirmed on appeal by the New York State Appellate Division, 4th Department (People v. Stokes, 247 AD2d 919 [1998], lv. denied 91 NY2d 977 [1998], error coram nobis denied, 267 AD2d 1109 [1999]);

that the Defendant, on three separate occasions, sold substantial amounts of cocaine to the same person, which amounts exceeded one pound by weight, for sums of money approximating $20,000.00;

that in view of the aforesaid facts leading to the above-mentioned convictions, as well as the history of Defendant's institutional confinement, it is hereby determined that a determinate sentence of 16 years pursuant to New York State Penal Law Sec. 70.71 is now deemed to be legally just and appropriate;

Accordingly, and upon the above, it is hereby,

ORDERED AND ADJUDGED that, unless Defendant withdraws his application for re-sentencing or appeals from this Order within the time period required by law, this Court will enter an Order vacating Defendant's original indeterminate sentence of 25 years to life following his conviction for Criminal Sale of a Controlled Substance in the First Degree, and Criminal Possession of a Controlled Substance in the First Degree, and hereby impose a determinate concurrent sentence of 16 years, plus a period of 5 years post-release supervision, for each of the aforesaid Class A-1 felony offenses.

This shall constitute the Findings, Decision, and Order of this Court.

Dated this 28th day of July, 2005 at Rochester, New York

HON. FRANCIS A. AFFRONTI

Supreme Court Justice