People v Prince
2008 NY Slip Op 09488 [57 AD3d 249]
December 4, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
James Prince, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about August 14, 2007, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), unanimously affirmed.

Defendant is ineligible for resentencing. We decline defendant's invitation to revisit our holding in People v Quinones (49 AD3d 323 [2008], lv dismissed 10 NY3d 868 [2008]), which involves the same issue raised on this appeal. Concur—Mazzarelli, J.P., Friedman, Gonzalez, Buckley and Sweeny, JJ.