A defendant seeking resentencing on a class A-II felony conviction under the 2005 DLRA (L 2005, ch 643, § 1) must be eligible for merit time under Correction Law § 803 (1) (d). Correction Law § 803 (1) (d) (ii) provides that merit time is not available to any person serving an indeterminate sentence for, among other things, a violent felony. On January 6, 1999, defendant received a group of sentences for both drug and nondrug convictions. These sentences included...
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