Opinion
2011-10-18
The PEOPLE of the State of New York, Respondent,v.Melvin WILLIAMS, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Davis Polk & Wardwell LLP, New York (William Pollak of counsel), for appellant.*217 Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about May 6, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law and as a matter of discretion in the interest of justice, the motion granted, the order replaced by an order specifying and informing defendant of a proposed sentence of 2 years plus 1 1/2 years' postrelease supervision, and the matter remanded for further proceedings.
The court denied resentencing both on the ground of ineligibility and on the merits. Defendant is eligible for resentencing ( see People v. Santiago, 17 N.Y.3d 246, 928 N.Y.S.2d 665, 952 N.E.2d 481 [2011] ), and we conclude that substantial justice dictates resentencing as indicated ( see e.g. People v. Milton, 86 A.D.3d 478, 926 N.Y.S.2d 898 [2011] ).
MAZZARELLI, J.P., MOSKOWITZ, ACOSTA, RENWICK, DeGRASSE, JJ., concur.