People v Watson

People v Watson 2011 NY Slip Op 07362 Decided on October 20, 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 20, 2011
Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam, Román, JJ.
5788 463/03

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

v

Michael Watson, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (David Crow
of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison,
LLP, New York (Joshua A. Kobrin of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin
of counsel), for respondent.

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered July 6, 2010, which denied 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]).

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

ENTERED: OCTOBER 20, 2011

CLERK