Ordered that the order is affirmed, without costs or disbursements.
The defendant, who was convicted, inter alia, of criminal possession of a controlled substance in the third degree, moved for resentencing on that conviction pursuant to CPL 440.46. The Supreme Court denied the motion, concluding that substantial justice dictated the denial of the motion.
A defendant who is eligible for resentencing pursuant to CPL 440.46 enjoys "a presumption in favor of...
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