The People of the State of New York, Appellant v. Gilberto Sosa, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the phrase “within the preceding ten years” in CPL 440.46(5)(a) is measured from the date a resentencing application is filed, not from the commission of the drug offense. The Court rejected the People’s reading and upheld the defendant’s eligibility for DLRA‑3 resentencing.