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PEOPLE v. COLEMAN

No. 152

24 N.Y.3d 114 (2014)

21 N.E.3d 200

996 N.Y.S.2d 571

2014 NY Slip Op 07010

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EARL COLEMAN, Respondent.

Court of Appeals of New York.

Decided October 16, 2014.

Attorney(s) appearing for the Case

James R. Farrell , District Attorney, Monticello ( Bonnie M. Mitzner of counsel), for appellant.

Jane M. Bloom , Monticello, for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.

OPINION OF THE COURT

ABDUS-SALAAM, J.

The Drug Law Reform Act of 2009 (see L 2009, ch 56, § 1, part AAA, § 9 [hereinafter 2009 DLRA]) provides remedial resentencing to low-level nonviolent felony drug offenders who meet various basic eligibility requirements (see CPL 440.46 [1]). The 2009 DLRA, however, denies resentencing to any offender who is serving a sentence for an "exclusion...

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