| People v Singleton |
| 2013 NY Slip Op 04836 [107 AD3d 1021] |
| June 26, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v James Singleton, Appellant. |
—[*1]
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of
counsel), for respodent.
Appeal by the defendant from an order of the County Court, Suffolk County (Efman, J.), dated May 13, 2011, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), on his conviction of criminal sale of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on July 26, 1989.
Ordered that the order is affirmed.
Contrary to the defendant's contention, the County Court properly determined that he is not eligible for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1; see People v Mills, 11 NY3d 527, 537 [2008]; People v Phillips, 82 AD3d 1011, 1012 [2011]; cf. People v Paulin, 17 NY3d 238 [2011]). Angiolillo, J.P., Balkin, Austin and Miller, JJ., concur.