Majority
p. 480The People of the State of New York, Respondent, v Jarmaine Scutchins, Appellant. [932 NYS2d 335]
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 paroled while his application was pending (see People v Santi
p. 481
ago, 17 NY3d 246 [2011]). Concur — Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ.
Cases cited
- People v. Paulin 17 NY3d 238 p. 480
- People v. Santiago 17 NY3d 246 p. 481