Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith and a new determination of the defendant's motion.
The Supreme Court denied the defendant's motion for resentencing solely on the ground that his status as a reincarcerated parole violator rendered him ineligible for relief under the Drug Law Reform Act of 2009, codified at CPL 440.46. However, "prisoners who...
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