Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the defendant's motion for resentencing pursuant to CPL 440.46.
The Supreme Court denied the defendant's motion for resentencing pursuant to CPL 440.46 solely on the basis that the defendant's release to parole after he applied for resentencing rendered him ineligible for that relief. However, where, as here, the defendant applies...
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