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People v. Bispo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


August 25, 2009

THE PEOPLE, ETC., APPELLANT,
v.
CASTANO BISPO, RESPONDENT.

Appeal by the People from a resentence of the Supreme Court, Queens County (Hollie, J.), imposed February 14, 2008, pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), after a hearing, upon the defendant's conviction of criminal possession of a controlled substance in the second degree, upon his plea of guilty.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., PETER B. SKELOS, MARK C. DILLON and JOSEPH COVELLO, JJ.

(Ind. No. 10200/03)

DECISION & ORDER

ORDERED that the resentence is affirmed.

As we have previously held in this matter, there is no merit to the People's contention that a defendant from whom a merit-time allowance has been withheld pursuant to Correction Law § 803(1)(d)(iv) is not eligible for resentencing under the Drug Law Reform Act of 2005 (see L 2005, ch 643, § 1; People v Bispo, 47 AD3d 641, 642; People v Sanders, 36 AD3d 944, 946; People v Quinones, 11 Misc 3d 582, 595-596; cf. People v Williams, 48 AD3d 858, 859-860; People v Paniagua, 45 AD3d 98).

SPOLZINO, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

20090825

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