People v. McFadden — 87 A.D.3d 914

Majority

p. 914

The People of the State of New York, Respondent, v Ronald McFadden, Appellant.

[929 NYS2d 491]

p. 915

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 convictions, 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 — Tom, J.E, Friedman, Acosta, Renwick and DeGrasse, JJ.

Cases cited

People v. Paulin 17 NY3d 238 N.Y. 2011-06-28 p. 915