Although the motion court erred in its reason for denying resentencing, we affirm because, as defense counsel conceded, defendant is ineligible for resentencing at this time since he is not in New York custody (see L 2005, ch 643, § 1). It is undisputed that, at all relevant times, defendant was, and remains, in the custody of the State of New Jersey on a murder conviction. The New York sentence at issue runs consecutively to that sentence, and it has not yet...
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