AD3 order dated August 1, 2013, reversing County Court’s denial of DLRA-III resentencing motion and remitting for further proceedings. Decision below: 110 AD3d 76, 970 NYS2d 329. Stein (AD dissenter), J., granted leave September 17, 2013.

ISSUE PRESENTED: Whether the defendant is eligible for resentencing under the DLRA-III where he had been sentenced as a “persistent felony offender.”