People v. Myles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
At the time of the defendant’s motion for resentencing, the 2009 Drug Law Reform Act, codified in CPL 440.46, provided that “[a]ny person in the custody of the department of correctional services convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior to [January 13, 2005], who is serving an indeterminate sentence with a maximum term of more than three years, may . . . apply to be resentenced” (CPL former 440.46 [1]). However, the resentencing provisions of CPL 440.46 do not apply “to any person who is serving a sentence on a…
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