People v Fuentes

People v Fuentes 2012 NY Slip Op 00090 Decided on January 10, 2012 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 January 10, 2012
Tom, J.P., Saxe, Catterson, Moskowitz, Acosta, JJ.
5485 206/03

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

v

Julio Fuentes, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Richard
Joselson of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of
counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (John P. Collins, J.), entered February 11, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for further proceedings consistent with this decision to include specifying and informing defendant of a proposed sentence.

Defendant's release on parole during the pendency of this appeal did not mandate dismissing the appeal as moot (see People v Santiago, 17 NY3d 246 [2011]; see also People v Paulins, 17 NY3d 238 [2011]). Accordingly, we review defendant's arguments on the merits, and find that substantial justice does not dictate denial of resentencing pursuant to the Drug Law Reform Act of 2009. We leave the length of the new sentence to the discretion of Supreme Court. The Decision and Order of this Court entered herein on June 30, 2011 is hereby recalled and vacated (see M-3061 decided simultaneously herewith).

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

ENTERED: JANUARY 10, 2012

CLERK