People v Scutchins, 2011 NY Slip Op 07905 [89 AD3d 480]

November 10, 2011

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

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

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about May 25, 2010, which denied, on the ground of ineligibility, defendant’s CPL 440.46 motion to be resentenced, unanimously reversed, on the law, and the matter remanded for further proceedings on defendant’s resentencing motion.

Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug conviction but reincarcerated for a parole violation ( see People v Paulin , 17 NY3d 238 [2011]), and even though he was again paroled while his application was pending ( see People v Santiago , 17 NY3d 246 [2011]). Concur—Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ..