[U] People V. Carson

Defendant, Uniko Carson, has submitted a motion, dated March 29, 2005, and a reply affirmation dated May 12, 2005, seeking to vacate his prison sentence of 15 years to life under the instant indictment. He is requesting that he be resentenced to 8 years incarceration pursuant to newly enacted Chapter 738 of the 2004 Session Laws of the State of New York, commonly known as the Rockefeller Drug Law Reform Act. The People have filed an affirmation, dated May 5, 2005, consenting to the vacating of the defendant's sentence. However, the People request that the defendant be resentenced to 14 years incarceration.