Majority
p. 881The People of the State of New York, Respondent, v Robert Miles, Appellant. [929 NYS2d 193]
Defendant 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.
Cases cited
- People v. Paulin 17 NY3d 238 p. 881