Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the defendant's motion.
In July 2001, the defendant was sentenced to an indeterminate prison term of 5 to 15 years on his conviction of criminal sale of a controlled substance in the third degree (see Penal Law § 220.39 [1]). He was released to parole in 2005, but violated his parole and was reincarcerated. In 2008,...
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