People v Dalton, 2011 NY Slip Op 07176 [88 AD3d 509]

October 13, 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.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about May 17, 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]). Moreover, this appeal was not rendered moot by the fact that defendant was again paroled during its pendency ( see People v Santiago , 17 NY3d 246 [2011]). We therefore remand this matter to Supreme Court for further consideration of the underlying motion. Concur—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ..