Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the motion is granted, and the matter is remitted to the County Court, Dutchess County, for further proceedings in accordance with the resentencing procedure set forth in CPL 440.46.
After a jury trial, the defendant was convicted, inter alia, of criminal possession of a controlled substance in the first degree and criminal possession of a controlled substance...
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