People v Suarez, 2011 NY Slip Op 07125 [88 AD3d 478]

October 11, 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.

Orders, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about August 6, 2010, which denied defendant’s CPL 440.46 motions for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings on the motions.

Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug convictions but reincarcerated for parole violations ( see People v Paulin , 17 NY3d 238 [2011]). Concur—Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and RomÁn, JJ..