11 N.Y.3d 527 (2008)
To be eligible 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 of applying for resentencing.
Summary
This case interprets the Drug Law Reform Act (DLRA) of 2005, specifically who is eligible for resentencing. The Court of Appeals held that to qualify for resentencing under the 2005 DLRA, class A-II felony drug offenders must not be eligible for parole within three years of their resentencing application. The Court reasoned that the plain meaning of the statute and its legislative history support this interpretation. The Court rejected arguments that prior parole or subsequent offenses should alter this eligibility requirement, emphasizing the legislature’s intent to target offenders facing the longest prison terms. The orders of the lower courts were affirmed, denying resentencing to both defendants.
Facts
Donald Mills pleaded guilty to criminal possession of a controlled substance in 1995 and was sentenced to an indeterminate term of three years to life. He was denied parole multiple times. Jose Then pleaded guilty to criminal sale of a controlled substance in 1999 and was sentenced to five years to life, then paroled in 2002. He was arrested again on drug charges, convicted in 2003, and sentenced to six years to life. His parole on the 1999 conviction was revoked.
Procedural History
Mills moved for resentencing under the 2005 DLRA, which was initially granted but later vacated by the County Court. The Appellate Division affirmed the vacatur. Then moved for resentencing on both his 1999 and 2003 convictions; the Supreme Court granted it for both. The Appellate Division reversed the resentencing for the 1999 conviction. Both Mills and Then appealed to the Court of Appeals.
Issue(s)
1. Whether the Drug Law Reform Act of 2005 applies to A-II felony drug offenders who are eligible for parole within three years of applying for resentencing.
2. Whether a defendant who has been released on parole for a class A-II drug felony conviction is eligible for resentencing under the 2005 DLRA for that conviction after parole revocation and re-incarceration.
Holding
1. No, because the statute explicitly requires applicants to be more than twelve months from being an “eligible inmate,” as defined by Correction Law § 851(2), which includes those eligible for parole within two years. Therefore, to qualify for resentencing, offenders must not be eligible for parole within three years of their resentencing application.
2. No, because once a defendant has been released to parole supervision for a class A-II drug felony conviction, they no longer qualify for 2005 DLRA relief for that particular conviction.
Court’s Reasoning
The Court of Appeals held that the plain language of the 2005 DLRA, specifically referencing Correction Law § 851(2), unambiguously requires that A-II felony drug offenders must not be eligible for parole within three years of their resentencing application. The Court rejected alternative interpretations, finding no support in legislative history or policy considerations. The Court cited letters from the Commissioner of the Department of Correctional Services and the Executive Director of the New York State Defenders Association, both of which explicitly mentioned the three-year limitation.
Regarding Then, the Court reasoned that allowing a resentencing opportunity based on a subsequent offense would create an illogical outcome. The Court emphasized that the Legislature did not intend for fresh crimes to trigger resentencing opportunities. “A valid and more sensible reading of the statutory text is that in order to be eligible for resentencing, an inmate must be more than three years from parole eligibility for the same class A-II drug felony for which resentencing is sought.” In short, the 2005 DLRA was designed to “ameliorate[] the conditions of those A-II offenders facing the longest prison time“.