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People v. Diaz

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 10, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALFRED DIAZ, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about December 4, 2007, which, to the extent appealed from as limited by the brief, denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738), unanimously reversed, on the law, and the matter remanded for a de novo determination.

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.

Gonzalez, P.J., Friedman, McGuire, DeGrasse, Manzanet-Daniels, JJ.

3277/98

As the People concede, a remand is necessary on defendant's application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree (see People v Rampino, 55 AD3d 348 [2008]) because the DRLA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence of equal length for his first-degree conspiracy conviction, upon which he is ineligible for resentencing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091210

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