PEOPLE v. DIAZ

As the People concede, a remand is necessary on defendant's application for resentencing as to his convictions for criminal sale of a controlled substance in the first degree ( see People v Rampino, 55 AD3d 348) because the DLRA required the court to offer defendant an opportunity for a hearing and bring him before it, notwithstanding that he is also serving a concurrent sentence of equal length for his first-degree conspiracy conviction, upon which he is ineligible for resentencing.