Opinion
5473 9039/96
09-08-2011
The People of the State of New York, Respondent, v. Robert Miles, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
, J.P., Sweeny, Freedman, Manzanet-Daniels, Román, JJ.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Order, Supreme Court, Supreme Court, New York County (A. Kirke Bartley, J.), entered February 26, 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.
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, __ NY3d __, 2011 NY Slip Op 05544 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
CLERK