People v Lazo

People v Lazo 2007 NY Slip Op 10363 [46 AD3d 1463] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent, v Juan Lazo, Appellant.

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.

Appeal from an order of the Onondaga County Court (Anthony F. Aloi, J.), entered January 4, 2006 pursuant to the 2005 Drug Law Reform Act. The order denied defendant's application to be resentenced upon defendant's 2002 conviction of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005, ch 643, § 1) denying his application for resentencing. Contrary to the contention of defendant, County Court properly denied his application inasmuch as he was eligible for parole within three years and thus did not qualify for resentencing pursuant to DLRA-2 (see People v Smith, 45 AD3d 1478 [2007]; People v Parris, 35 AD3d 891 [2006]; People v Thomas, 35 AD3d 895 [2006]). Present—Gorski, J.P., Martoche, Smith, Centra and Green, JJ.