PEOPLE v. WILLIAMS (2007)

 Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act ( [DLRA-2] L. 2005, ch. 643, § 1) granting his application for resentencing upon his 2004 conviction of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [former (1) ] ).   We reject the contention of defendant that County Court erred in failing to conduct a hearing on his resentencing application.   In appearing before the court in accordance with DLRA-2, both defendant and defense counsel explained to the court why resentencing was warranted, and we conclude under the circumstances that the hearing requirement of DLRA-2 was met (see generally People v. Figueroa, 21 A.D.3d 337, 339, 800 N.Y.S.2d 673, lv. denied 6 N.Y.3d 753, 810 N.Y.S.2d 421, 843 N.E.2d 1161;  People v. McCurdy, 11 Misc.3d 757, 759, 813 N.Y.S.2d 860;  People v. Quinones, 11 Misc.3d 582, 586, 812 N.Y.S.2d 259).   We further conclude, however, that the court erred in failing to comply with DLRA-2 because it failed to set forth written findings of fact and the reasons for its determination to impose a determinate term of 13 1/212 years imprisonment and a five-year period of postrelease supervision (see L. 2005, ch. 643, § 1).   In addition, we conclude that the court erred in stating that the original sentence would stand before affording defendant an opportunity to exercise his right to appeal and to withdraw his application following that appeal (see id.).   We therefore reverse the order and remit the matter to County Court to determine defendant's application in compliance with DLRA-2.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law and the matter is remitted to Onondaga County Court for further proceedings.

MEMORANDUM: