People v Timber, 2011 NY Slip Op 07168 [88 AD3d 503]

October 13, 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 (Daniel P. FitzGerald, J.), entered on or about August 3, 2010, which denied, on grounds of ineligibility, defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings on the 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 released while his resentencing motion was pending ( see People v Santiago , 17 NY3d 246 [2011]). Concur—Gonzalez, P.J., Andrias, Saxe and Sweeny, JJ..