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People v. Singleton

Supreme Court of New York, Second Department

June 26, 2013

The People of the State of New York, respondent,
v.
James Singleton, appellant. (Ind. No. 52⅜9)

Salvatore C. Adamo, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respodent.

DANIEL D. ANGIOLILLO, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.

DECISION & ORDER

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 N.Y.3d 527, 537; People v Phillips, 82 A.D.3d 1011, 1012; cf. People v Paulin, 17 N.Y.3d 238).

ANGIOLILLO, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.


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