People v. Coleman

Because I am of the view that the plain reading of CPL 440.46 renders defendant ineligible for resentencing, I respectfully dissent. As the majority notes, CPL 440.46 (5) expressly excludes from eligibility for resentencing “any person who is serving a sentence on a conviction for . . . an exclusion offense.” The issue before us is whether defendant is such a person. In making that determination, I begin with the definition of “exclusion offense” in CPL 440.46 (5), which includes, as relevant here, “any . . . offense for which a merit time allowance is not available pursuant to [Correction…