Opinion
2011-10-11
The PEOPLE of the State of New York, Respondent,v.Joseph SUAREZ, etc., Defendant–Appellant.
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.
Orders, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered *447 on or about August 6, 2010, which denied defendant's CPL 440.46 motions for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings on the motions.
Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug convictions but reincarcerated for parole violations ( see People v. Paulin, 17 N.Y.3d 238, 929 N.Y.S.2d 36, 952 N.E.2d 1028 [2011] ).
MAZZARELLI, J.P., CATTERSON, DeGRASSE, ABDUS–SALAAM, ROMÁN, JJ., concur.