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PEOPLE v. HORNING

2637/97, 1892, 1891.

143 A.D.3d 520 (2016)

2016 NY Slip Op 06747

39 N.Y.S.3d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HORNING, Appellant.

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

Decided October 13, 2016.

The court correctly concluded that defendant, who was convicted of a class A-II drug felony, is not eligible for resentencing under the 2005 Drug Law Reform Act (L 2005, ch 643, § 1). A defendant is ineligible for resentencing under that Act where he or she is within three years of parole eligibility (People v Mills, 11 N.Y.3d 527, 536 [2008]). Moreover, "once a defendant has been released to parole supervision for a class A...

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