People v. Rodriguez

The County Court erred in determining that the defendant was ineligible for resentencing pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46. At the time the defendant filed his motion for resentencing he was in the custody of the New York State Department of Corrections and Community Supervision, was convicted of a class B felony drug offense under article 220 of the Penal Law that was committed prior to January 13, 2005, and was serving an indeterminate sentence with a maximum of more than three years (see CPL 440.46 [1]).

Contrary to the County Court’s determination, the…