¶1Defendant is eligible to be resentenced 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.E, Sweeny, Freedman, Manzanet-Daniels and Román, JJ.
87 A.D.3d 881
People v. Miles
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-09-08
Cited by 1 later decisions — most recently January 2012
Good law ✅— No negative treatment on recordhow we know
Decided 2011-09-08
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