Appellate Division of the Supreme Court of the State of New York April 28, 2009 (Brownlee v. Kohm)

Proceeding, inter alia, pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Robert C. Kohn, a Justice *973of the Supreme Court, Queens County, to resentence the petitioner in the matter entitled People v Brownlee, pending in that court under indictment No. 10037/07, as a first-time offender rather than as a predicate felony offender.