It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying his application for resentencing pursuant to the 2009 Drug Law Reform Act (see CPL 440.46). As the People correctly concede, County Court erred in denying the application on the ground that defendant was a reincarcerated...
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