People v McFadden

People v McFadden 2011 NY Slip Op 06462 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
Tom, J.P., Friedman, Acosta, Renwick, DeGrasse, JJ.
5407 4126/02

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

v

Ronald McFadden, Defendant-Appellant.



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

Order, Supreme Court, New York County (Eduardo Padró, J.), entered on or about August 6, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and remanded to Supreme Court for further proceedings consistent herewith.

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, __ NY3d __, 2011 NY
Slip Op 05544 [June 28, 2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application.

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

ENTERED: SEPTEMBER 15, 2011

CLERK