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

Summary

The Court held 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, and therefore affirmed the Appellate Division’s order granting resentencing. The decision rests on a plain‑meaning reading of the statute and the Legislature’s remedial purpose. A dissent argued that the look‑back should run from the drug offense and would have reversed the judgment.