In 2004, defendant was convicted of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree. He was sentenced as a second felony offender to 5 to 10 years in prison on the drug charge and 2 to 4 years in prison on the weapon charge, to run consecutively. Following enactment of the Drug Law Reform Act of 2009 (see L 2009, ch 56), defendant applied for resentencing pursuant to CPL 440.46. County Court...
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