Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 440.46.
The County Court erred in determining that the defendant was ineligible for resentencing pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46. At the time the defendant filed his motion for resentencing he was in the custody of the New York State Department of Corrections and Community Supervision...
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