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PEOPLE v. MUNIZ

61 A.D.3d 431 (2009)

876 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT MUNIZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.

The court properly found that defendant was ineligible for resentencing in that he was not more than three years from being eligible for parole (see People v Bautista, 26 A.D.3d 230 [2006], appeal dismissed 7 N.Y.3d 838 [2006]). Defendant was sentenced to six years to life in 1984. He first became eligible for parole on September 28, 1989, long before the DLRA was enacted. Rather than being...

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