People v Madison

People v Madison 2011 NY Slip Op 07175 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
Saxe, J.P., Acosta, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ.
5330 3127/95

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

v

Malcolm Madison, 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 (Daniel P. FitzGerald, J.), entered May 28, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, and the matter remanded to Supreme Court for further proceedings.

Pursuant to the Court of Appeals' recent decision in People v Paulin (17 NY3d 238 [2011]), defendant's reincarceration for a parole violation after his release on parole for his drug conviction does not render him ineligible for resentencing under the 2009 Drug Law Reform Act (L 2009, ch 56). Accordingly, defendant's motion for resentencing was improperly denied.

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

ENTERED: OCTOBER 13, 2011

CLERK