People v Keating

People v Keating 2011 NY Slip Op 06452 Decided on September 15, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 15, 2011
Gonzalez, P.J., Tom, Friedman, Catterson, Richter, JJ.
5314 4579/00

[*1]The People of the State of New York, Respondent,

v

Richard Keating, Defendant-Appellant.



 
Center for Appellate Litigation, New York (Robert S. Dean of
counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about April 27, 2010, which denied 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, __NY3d__, 2011 NY Slip Op 05544 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 15, 2011

CLERK