People v. Brown

OPINION OF THE COURT

Cohen, J.

On this appeal, we are asked to consider whether a parolee is in the “custody” of the New York State Department of Corrections and Community Supervision (hereinafter DOCCS) within the meaning of CPL 440.46 (1), which allows a person serving a sentence for a class B drug felony committed prior to 2005 to apply for resentencing. For the reasons stated below, we agree with the Supreme Court’s determination that the statute, as amended in 2011, does not distinguish between defendants who are incarcerated and those who are on parole for purposes of determining…