People v Covel
2008 NY Slip Op 09172 [56 AD3d 345]
November 20, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Respondent,
v
Joseph Covel, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Elizabeth A. Walsh of counsel), for appellant.

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

Order, Supreme Court, New York County (James A. Yates, J.), entered on or about July 20, 2006, which denied defendant's motion 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—Mazzarelli, J.P., Friedman, Sweeny and Moskowitz, JJ. [See 12 Misc 3d 1185(A), 2006 NY Slip Op 51457(U).]