Summary
In Paulin and Pratts, the Appellate Division agreed with that conclusion, and affirmed (People v Paulin, 74 AD3d 685 [1st Dept 2010]; People v Pratts, 74 AD3d 536 [1st Dept 2010]).
Summary of this case from People v. PaulinOpinion
No. 3150.
June 29, 2010.
Order, Supreme Court, Bronx County (John E. Collins, J.), entered November 12, 2009, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), for respondent.
Before: Tom, J.P., Sweeny, Catterson, McGuire and Román, JJ.
Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation ( see People v Pratts, 74 AD3d 536).