Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree, waived his right to appeal, and was sentenced to a prison term of 2 1/3 to 7 years. Defendant then moved pursuant to CPL 440.20 to set aside his sentence alleging that the Rockefeller Drug Law Reform Act (see L 2004, ch 738), which was enacted after he was arrested but before he was sentenced, entitled him to resentencing. County Court denied the motion and this Court granted defendant...
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