It is hereby ordered that the order so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order granting his application for resentencing upon his conviction of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [former (1)]), pursuant to the 2004 Drug Law Reform Act (DLRA-1) (L 2004, ch 738, § 23),...
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