OPINION OF THE COURT
BARBARA F. NEWMAN, J.
Pursuant to Criminal Procedure Law § 440.46, defendant has filed a motion for resentencing pursuant to the Drug Law Reform Act of 2009 (DLRA) (L 2009, ch 56, part AAA, § 9). The People oppose defendant's motion asserting that because defendant is a nonincarcerated parolee he does not meet the statutory eligibility requirements for resentence.
The court has reviewed the applicable law and the following...
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