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Decided on July 28, 2005
Supreme Court, Queens County

8093/82
Sheri S. Roman, J.
Defendant Alonzo Greene moves by notice of motion dated March 24, 2005, for an order setting aside defendant's indeterminate sentence of 15 years to life and re-sentencing defendant pursuant to Section 23 of the Rockefeller Drug Law Reform Act(Chapter 738 Laws of 2004).
Defendant was arrested on February 25, 1982 and charged with Criminal Possession of a Controlled Substance in the First Degree, a Class A-I felony. Defendant was tried by a jury and found guilty. Defendant was sentenced on November 28, 2003 by Judge John Thorpe as a first felony offender to an indeterminate term of imprisonment of 15 years to life. Defendant was 19 years of age at the time.
Defendant appealed the conviction and the Appellate Division affirmed. See People v. Greene, 150 AD2d 604(2d Dept. 1989); leave to appeal denied, 74 NY2d 847(1989).
In accordance with the new legislation providing for appointment of counsel for indigent defendants who apply for re-sentencing, the court assigned 18-b attorney Donald Schechter to represent defendant.
Assistant District Attorney Johnette Traill submitted an affirmation in opposition to defendant's application for re-sentencing.
On February 25, 1984 defendant was in possession of a paper bag containing four and three

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