Ordered that the order is affirmed.
The defendant was convicted, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (see Penal Law § 220.16), based on an offense committed in 2003, and was sentenced in October 2004 to an indeterminate term of 6 to 12 years of imprisonment. In January 2010 the defendant moved to be resentenced pursuant to CPL 440.46, which extends to certain eligible individuals in the custody...
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