People v Scutchins

People v Scutchins 2011 NY Slip Op 07905 Decided on November 10, 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 November 10, 2011
Tom, J.P., Catterson, Moskowitz, Freedman, Richter, JJ.
5354 4240/00 3276/00

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

v

Jarmaine Scutchins, etc., 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 (Edward J. McLaughlin, J.), entered on or about May 25, 2010, which denied, on the ground of ineligibility, defendant's CPL 440.46 motion to be resentenced, unanimously reversed, on the law, and the matter remanded for further proceedings on defendant's resentencing 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
paroled while his application 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: NOVEMBER 10, 2011

CLERK