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PEOPLE v. MILLS

11 N.Y.3d 527 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MILLS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE THEN, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant in the first above-entitled action.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell and Victoria M. White of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City (Claudia S. Trupp and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Grace Vee and Christopher P. Marinelli of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

These appeals call upon us to interpret the Drug Law Reform Act of 2005 (see L 2005, ch 643 [the 2005 DLRA]), which allows certain nonviolent A-II felons sentenced to indeterminate terms under the old Rockefeller Drug Laws to seek resentencing to determinate terms under the provisions of the Rockefeller Drug Law Reform Act of 2004 (see L 2004, ch 738). For the reasons...

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