Opinion
No. 5376.
September 8, 2011.
Order, Supreme Court, New York County (Daniel R FitzGerald, J.), entered on or about August 6, 2010, which denied, on the ground of ineligibility, defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Before: Andrias, J.P., Friedman, Sweeny, Renwick and Roman, JJ.
Defendant was released on parole shortly after he filed his resentencing motion.
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). Accordingly, we remand the matter to Supreme Court for further consideration of his application.