New York Supreme Court March 19, 2010 (People v. Avila)

OPINION OF THE COURT

Patricia M. DiMango, J.

This decision addresses the yet unresolved threshold question of eligibility to apply for resentencing pursuant to the third amendment of the now antiquated Rockefeller Drug Laws by an individual who is currently incarcerated on a parole violation arising from his originally imposed indeterminate sentence (see L 2009, ch 56, part AAA, § 9, codified at