People v. Alexander

Before this court for decision, is defendants "Notice of Motion for Resentencing" which he alleges is premised upon authority set forth in Criminal Procedure Law §§ 470.20 (4) and 440.20 (1) (2) (3) (4). He also asserts that the "Rockefeller Drug Law Reform," effective January 13, 2005, should be applied to his circumstances, since, on September 15, 2004, this court sentenced him, as a second felony offender, to serve a prison term of four and one-half (41/2) years to nine (9) years upon entry of his plea to guilty to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), a class B felony. The People have responded to this request for resentencing and have asked that such relief be denied.