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People v. Spivey

Appellate Division of the Supreme Court of the State of New York
Sep 8, 2011
5376 1468/02 (N.Y. App. Div. Sep. 8, 2011)

Opinion

5376 1468/02

09-08-2011

The People of the State of New York, Respondent, v. Carlton Spivey, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.


, J.P., Friedman, Sweeny, Renwick, Román, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Order, Supreme Court, New York County (Daniel P. 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.

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, __ 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


Summaries of

People v. Spivey

Appellate Division of the Supreme Court of the State of New York
Sep 8, 2011
5376 1468/02 (N.Y. App. Div. Sep. 8, 2011)
Case details for

People v. Spivey

Case Details

Full title:The People of the State of New York, Respondent, v. Carlton Spivey…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 8, 2011

Citations

5376 1468/02 (N.Y. App. Div. Sep. 8, 2011)