New York Laws
Article 440 - Post-Judgment Motions
440.46 - Motion for Resentence; Certain Controlled Substance Offenders.

(a) a crime for which the person was previously convicted within the
preceding ten years, excluding any time during which the offender was
incarcerated for any reason between the time of commission of the
previous felony and the time of commission of the present felony, which
was: (i) a violent felony offense as defined in section 70.02 of the
penal law; or (ii) any other offense for which a merit time allowance is
not available pursuant to subparagraph (ii) of paragraph (d) of
subdivision one of section eight hundred three of the correction law; or
(b) a second violent felony offense pursuant to section 70.04 of the
penal law or a persistent violent felony offense pursuant to section
70.08 of the penal law for which the person has previously been
adjudicated.

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