Opinion
5534, 5534A.
Decided on October 11, 2011.
Orders, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered 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.
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.
Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam, Román, JJ.
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 NY3d 238 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.