Appellate Division of the Supreme Court of the State of New York June 28, 2011 (People v. Howard)

Appeal by the defendant from an order of the Supreme Court, Kangs County (Sullivan, J.), dated August 19, 2010, which denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on September 28, 2000.