People v Timber

People v Timber 2011 NY Slip Op 07168 Decided on October 13, 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 13, 2011
Gonzalez, P.J., Andrias, Saxe, Sweeny, JJ.
5695 9753/98 9753A/98

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

v

Trevor Timber, Defendant-Appellant.



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

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about August 3, 2010, which denied, on grounds of ineligibility, 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, 17 NY3d 238 [2011]), and even though he was again released while his resentencing motion was pending (see People v Santiago, 17 NY3d 246 [2011]).

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

ENTERED: OCTOBER 13, 2011

CLERK