People v. Steward

OPINION OF THE COURT

Pigott, J.

The Drug Law Reform Act of 2009 permits resentencing for persons in the custody of the Department of Corrections and Community Supervision * who are serving an indeterminate sentence with a maximum term of more than three years for a Penal Law article 220 class B felony that was committed before January 13, 2005 (see CPL 440.46 [1]). Resentencing is unavailable, however, “to any person who is serving a sentence on a conviction for or has a predicate felony conviction for an exclusion offense,” which is defined, as relevant here, as

“(a) a crime for which the…