People v Paulin, 2010 NY Slip Op 05684 [74 AD3d 685]

June 29, 2010

Appellate Division, First Department

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

Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), for respondent.

Order, Supreme Court, Bronx County (John P. Collins, J.), entered November 12, 2009, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation ( see People v Pratts , 74 AD3d 536 [2010]). Concur—Tom, J.P., Sweeny, Catterson, McGuire and RomÁn, JJ..