Ordered that the order is affirmed.
Since the defendant had already been released on parole in connection with his 1996 conviction when he moved for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643), he was no longer eligible for resentencing, and the court could therefore properly deny the motion without first holding a hearing ( see People v McCurdy, 46 AD3d 843, lv dismissed 9 NY3d 1036; People v Corley, 45 AD3d 857).