Appellate Division of the Supreme Court of New York, 2011
People v. Spivey
People v. Spivey
Appellate Division of the Supreme Court of New York · Decided September 8, 2011
87 A.D.3d 880; 929 N.Y.2d 192
People v. Spivey
Opinion of the Court
*881Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application. Concur — Andrias, J.E, Friedman, Sweeny, Renwick and Román, JJ.