Appellate Division of the Supreme Court of the State of New York November 8, 2012 (People v. Gomez)

Appeal from an order of the County Court of Schenectady County (Drago, J.), entered January 24, 2011, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

*1105After pleading guilty in 2008 to one count of criminal sale of a controlled substance in the third degree, defendant was sentenced as a second felony offender to a determinate prison term of eight years.