Opinion
5397.
Decided on October 13, 2011.
Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about May 17, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings consistent herewith.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Tom, J.P., Friedman, Acosta, Renwick, DeGrasse, JJ.
Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation ( see People v Paulin , 17 NY3d 238 ). Moreover, this appeal was not rendered moot by the fact that defendant was again paroled during its pendency ( see People v Santiago , 17 NY3d 246). We therefore remand this matter to Supreme Court for further consideration of the underlying motion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.