People v Parker, 2011 NY Slip Op 06414 [87 AD3d 880]

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, New York County (Renee A. White, J.), entered on or about March 23, 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 for resentencing 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, Moskowitz, Renwick and RomÁn, JJ.