People v Suarez

People v Suarez 2011 NY Slip Op 07125 Decided on October 11, 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 October 11, 2011
Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam, Román, JJ. 5534-
11555/93 5534A 2102/99

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

v

Joseph Suarez, etc., 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.

Orders, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about August 6, 2010, which denied defendant's CPL 440.46 motions for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings on the motions.

Defendant is eligible for consideration for resentencing even though he had been released from custody on his drug convictions but reincarcerated for parole violations (see People v Paulin, 17 NY3d 238 [2011]).

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

ENTERED: OCTOBER 11, 2011

CLERK