People v Gaddy
2008 NY Slip Op 02636 [49 AD3d 428]
March 20, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Sharron Gaddy, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Robert Budner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent.

Order, Supreme Court, New York County, (Charles J. Tejada, J.), entered on or about July 7, 2006, which denied defendant's application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643), unanimously affirmed.

The court properly determined that defendant was ineligible for resentencing (see Correction Law § 851 [2], [2-b]; People v Barber, 46 AD3d 359 [2007]). Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.