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PEOPLE v. BROWN

No. 58.

25 N.Y.3d 247 (2015)

32 N.E.3d 935

10 N.Y.S.3d 500

2015 NY Slip Op 04163

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JARROD BROWN, Respondent.

Court of Appeals of New York.

Decided May 14, 2015.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens ( Danielle S. Fenn and John M. Castellano of counsel), for appellant.

Seymour W. James, Jr., The Legal Aid Society, New York City ( David Crow of counsel), for respondent.

Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Judge READ dissents in an opinion in which Judge ABDUS-SALAAM concurs.

OPINION OF THE COURT

The issue presented by this appeal is whether the 2011 amendments to CPL 440.46 expanded the class of defendants eligible for resentencing under the Drug Law Reform Act (DLRA) to include those who are on parole at the time resentencing is sought...

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