People v Ortiz
2008 NY Slip Op 03110 [50 AD3d 377]
April 10, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent,
v
Mercedes Ortiz, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David A. Crow of counsel), and Debevoise & Plimpton LLP, New York (Matthew S. Hackell of counsel), for appellant.

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

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about October 18, 2006, which denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), unanimously affirmed.

The court properly determined that defendant was ineligible for resentencing, given the date of her eligibility for parole, which reflects merit time and good behavior allowances (see Correction Law § 851 [2], [2-b]; People v Barber, 46 AD3d 359 [2007]). Concur—Mazzarelli, J.P., Andrias, Gonzalez and Acosta, JJ.