People v McFadden, 2011 NY Slip Op 06462 [87 AD3d 914]

September 15, 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 (Eduardo Padro, J.), entered on or about August 6, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and 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 convictions, 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—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ..