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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MCCURDY, Appellant.

Ordered that the order is affirmed.

Contrary to the defendant's contention, since the defendant was fewer than three years from parole eligibility, the Supreme Court properly denied his motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643; see People v Thomas, 38 AD3d 319; People v Nolasco, 37 AD3d 622; People v Thomas, 35 AD3d 895; People v Parris, 35 AD3d 891; People v Bautista, 26 AD3d 230).

[See 11 Misc 3d 757 (2006).]

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PEOPLE v. McCURDY
(Dec 18, 2007)