Ordered that the order is affirmed.
At the time of the defendant's motion for resentencing, the 2009 Drug Law Reform Act, codified in CPL 440.46, provided that "[a]ny person in the custody of the department of correctional services convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior to [January 13, 2005], who is serving an indeterminate sentence with a maximum term of more than three years, may. ....
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