Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the County Court, Nassau County, for further proceedings and a new determination of the defendant's motion.
"In order to be eligible for resentencing under CPL 440.46, a defendant must be in the custody of the department of correctional services, must have been convicted of a class B felony drug offense under article 220 of the Penal Law that was committed prior...
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