Appellate Division of the Supreme Court of the State of New York September 27, 2012 (People v. Scott)

Spain, J.

Appeal from an order of the County Court of Schenectady County (Giardino, J.), entered February 8, 2012, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In 1996, defendant was convicted of the crime of criminal possession of a controlled substance in the third degree, as well as other drug-related crimes, and was sentenced to a prison term of 6 to 18 years.