PEOPLE v. OWENS

In 2000, defendant pleaded guilty to one count of criminal sale of a controlled substance in the second degree — a class A-II felony — and was sentenced to eight years to life in prison. He subsequently applied for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643 [eff Oct. 29, 2005]). Finding defendant to be ineligible for resentencing, County Court denied his application. Defendant appeals and we affirm.

"[I]n order to qualify for resentencing under the [Drug Law Reform Act of 2005], a class A-II felony drug offender must not be eligible for parole within three years" ( People v Thomas, 35 AD3d 895, 896). Inasmuch as defendant will be eligible for parole in February 2008, County Court correctly determined that defendant was ineligible for resentencing.

Ordered that the judgment is affirmed.