Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about April 27, 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 N.Y.3d 238, 929 N.Y.S.2d 36, 952 N.E.2d 1028  ).
GONZALEZ, P.J., TOM, FRIEDMAN, CATTERSON, RICHTER, JJ., concur.