The People v. Jarrod Brown
Judge Read's dissenting opinion argues against the majority's interpretation of CPL 440.46, as amended by Chapter 62 of the Laws of 2011. The majority expanded resentencing eligibility to include parolees due to a name change from 'Department of Correctional Services' to 'Department of Corrections and Community Supervision'. Read contends that this amendment was merely a technical change reflecting an agency merger, not a substantive legislative intent to broaden resentencing relief, which should remain limited to incarcerated persons as per the original 2009 Drug Law Reform Act. The dissent emphasizes that statutory text should be interpreted within its context, highlighting that the 2011 amendment was part of an article VII budget bill for restructuring and technical corrections, not substantive law changes. Therefore, Read believes the legislature did not intend to expand the ameliorative sweep of the provision.