ROSE, J.
In 2003, defendant was convicted of criminal sale of a controlled substance in the third degree and sentenced to 4½ to 9 years in prison. In February 2010, he filed an application for resentencing under the Drug Law Reform Act of 2009 (see L 2009, ch 56, codified at CPL 440.46). County Court denied the application on the ground that defendant was scheduled to be released on parole. This appeal ensued.
The record establishes, and the People...
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