People v. Sosa, 18 N.Y.3d 436

defendant Sosa was convicted of criminal possession of a controlled substance in 2002 and sentenced in 2003 as a second felony offender to concurrent indeterminate terms totaling 10–20 years, with a predicate violent felony conviction (weapons possession in 1995).
In 2009, Sosa applied for resentencing under the Drug Law Reform Act of 2009 (DLRA-3), which allows relief for certain low-level, non-violent drug offenders previously sentenced under the Rockefeller Drug Laws.
The eligibility hinge was CPL 440.46(5)(a) for an exclusion offense defined as a prior conviction within the preceding ten years that was a violent felony, with a tolling exclusion for incarceration time between felonies.
The People argued the look-back period ran 10 years before the 2002 drug offense, excluding prior incarceration; Sosa argued the look-back runs from the date of the DLRA-3 resentencing application in 2010.
The resentence court accepted Sosa’s view, resentenced him to seven years, and the Appellate Division affirmed, adopting the 10-year look-back from the application date.
The Court of Appeals affirmatively held the look-back runs from the date of the resentencing application, making prior violent felonies potentially eligible for DLRA-3 relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
What is the look-back period for 'preceding ten years'?	People: look-back is 10 years before the present drug felony.	Sosa: look-back is 10 years preceding the resentencing application date.	Look-back starts from the resentence application date.
Does incarceration time affect eligibility as to look-back?	People: exclude time spent incarcerated between prior felony and present drug felony.	Sosa: such incarceration should be counted, as DLRA-3 contemplates institutional records for eligibility.	Incarceration time between felonies is excluded; post-felony incarceration can count for rehabilitative purpose but not to defeat eligibility.
Should the 2009 DLRA be interpreted to exclude a class of defendants with remote violent felonies?	People: DLRA-3 excludes those with prior violent felonies within look-back, potentially barring relief for many.	Sosa: Legislature intended broad remedial relief for eligible offenders, not a rolling exclusion based on distant violence.	DLRA-3's remedial objective applies; prior distant violent felonies do not categorically bar relief.

People v. Paulin, 17 N.Y.3d 238 (2011) (remedial aim of DLRA-3; sentencing reform)
People v. Lashley, 83 A.D.3d 868 (2d Dept 2011) (look-back interpretation under DLRA-3)
People v. Carter, 86 A.D.3d 653 (3d Dept 2011) (look-back period interpretation)
People v. Hill, 82 A.D.3d 77 (4th Dept 2011) (look-back interpretation under DLRA-3)
People v. Cagle, 7 N.Y.3d 647 (2006) (time spent in prison and recidivist context; statutory interpretation guidance)