People v Villar

People v Villar 2008 NY Slip Op 01401 [48 AD3d 282] February 14, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 16, 2008

The People of the State of New York, Respondent,
v
Johnny Villar, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Robert C. Newman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mark Dwyer of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 22, 2006, which denied defendant's motion for resentencing under the Drug Law Reform Act (L 2005, ch 643), unanimously reversed, on the law, and the matter remanded for further proceedings on defendant's resentencing motion.

In denying the resentencing application, the court held that eligibility is based on the prison time remaining for the crime for which resentencing is being sought, without regard to any other sentences the prisoner is simultaneously serving. As the People concede, defendant is eligible for resentencing under People v Paniagua (45 AD3d 98 [2007], lv denied 9 NY3d 992 [2007]), where this Court held that eligibility is based on the potential release date on a defendant's longest prison term. Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.