People v Singleton

People v Singleton 2013 NY Slip Op 04836 Decided on June 26, 2013 Appellate Division, Second Department 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.

Decided on June 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2011-08701
(Ind. No. 52⅜9)

[*1]The People of the State of New York, respondent,

v

James Singleton, appellant.




Salvatore C. Adamo, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia
DiVincenzo of counsel), for respodent.


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 NY3d 527, 537; People v Phillips, 82 AD3d 1011, 1012; cf. People v Paulin, 17 NY3d 238).
ANGIOLILLO, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court