OPINION OF THE COURT
COHEN, J.
On this appeal, we are asked to consider whether a parolee is in the "custody" of the New York State Department of Corrections and Community Supervision (hereinafter DOCCS) within the meaning of CPL 440.46 (1), which allows a person serving a sentence for a class B drug felony committed prior to 2005 to apply for resentencing. For the reasons stated below, we agree with the Supreme Court's determination that the statute, as...
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