Resentencing Under The Drug Law Reform Act Does Not Apply To Conspiracy To Commit Drug Offenses

Under the Drug Law Reform Act (L 2004, ch 738, § 23) defendants convicted of certain drug offenses may move to be resentenced. Yesterday, the First Department in People v Anonymous, 2007 NY Slip Op 07069 held that this option to be resentenced does not apply to those convicted of conspiracy to commit drug offenses.

In that case, the defendant was convicted in 1997 of conspiracy in the first degree (Penal Law § 105.17), and the conspiracy related to class A drug felonies. The defendant moved be resentenced under the Drug Law Reform Act. The Supreme Court denied the motion, and the First Department affirmed finding that the Drug Law Reform Act was only available to those persons who were convicted of offenses defined in article 220 of the Penal Law. The Court stated that if the Legislature had intended to include conspiracy to commit drug offenses, it could have inserted the necessary language in the Drug Law Reform Act, and its failure to do so was presumed to be intentional.