People v Miles, 2011 NY Slip Op 06416 [87 AD3d 881]

September 8, 2011

Appellate Division, First Department

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

Order, Supreme Court, Supreme Court, New York County (A. Kirke Bartley, J.), entered February 26, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings consistent herewith.

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 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application. Concur—Mazzarelli, J.P., Sweeny, Freedman, Manzanet-Daniels and RomÁn, JJ.