People v. Prince

“In order to be eligible for resentencing under CPL 440.46, a defendant must be in the custody of the department of correctional services, must have been convicted of a class B felony drug offense under article 220 of the Penal Law that was committed prior to January 13, 2005, and must be serving an indeterminate sentence with a maximum of more than three years” (People v Williams, 82 AD3d 796, 796 [2011]; see CPL 440.46 [1]). However, the resentencing provisions of CPL 440.46 do not *701apply “to any person who is serving a sentence on a conviction for or has a predicate felony conviction for an…