People v. Coleman

• Decision Date: 18 January 2018
• Docket Number: 107849
• Parties: The PEOPLE of the State of New York, Respondent, v. Earl COLEMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

157 A.D.3d 1127
69 N.Y.S.3d 752

The PEOPLE of the State of New York, Respondent,
v.
Earl COLEMAN, Appellant.

107849

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: December 14, 2017
Decided and Entered: January 18, 2018

Jane M. Bloom, Monticello, for appellant.

James R. Farrell, District Attorney, Monticello, for respondent.

Before: McCarthy, J.P., Egan Jr., Devine, Mulvey and Rumsey, JJ.

MEMORANDUM AND ORDER

Mulvey, J.

69 N.Y.S.3d 753

Appeal from an order of the County Court of Sullivan County (LaBuda, J.), entered July 21, 2015, which denied defendant's motion for resentencing pursuant to CPL 440.46.

In 2001, defendant was convicted of criminal sale of a controlled substance in the third degree (two counts) and was sentenced as a persistent felony offender to an aggregate prison term of 15 years to life ( 4 A.D.3d 677, 773 N.Y.S.2d 146 [2004], lvs denied 2 N.Y.3d 797, 781 N.Y.S.2d 296, 814 N.E.2d 468 [2004], 3 N.Y.3d 672, 784 N.Y.S.2d 11, 817 N.E.2d 829 [2004] ). In 2011, defendant sought resentencing under the Drug Law Reform Act of 2009 (see CPL 440.46 ). County Court denied the application, finding that defendant was ineligible for resentencing under CPL 440.46. Defendant appealed and this Court reversed, finding that County Court had erroneously failed to assign defendant counsel in the resentencing proceedings, and the matter was remitted to County Court ( 83 A.D.3d 1223, 1223, 920 N.Y.S.2d 482 [2011] ). Upon remittal, County Court again denied the application on the ground that defendant was ineligible for resentencing under CPL 440.46. This Court reversed, finding that defendant met the eligibility requirements for resentencing and remitted the matter for further proceedings ( 110 A.D.3d 76, 77–79, 970 N.Y.S.2d 329 [2013], aff'd 24 N.Y.3d 114, 996 N.Y.S.2d 571, 21 N.E.3d 200 [2014] ). Following a hearing upon remittal, County Court denied resentencing pursuant to CPL 440.46 on substantial justice grounds, citing defendant's criminal history. Defendant now appeals.

We affirm....