Appellate Division of the Supreme Court of New York, 2011

People v. McFadden

People v. McFadden
Appellate Division of the Supreme Court of New York · Decided September 15, 2011
87 A.D.3d 914; 929 N.Y.2d 491
People v. McFadden

Opinion of the Court

*915Defendant 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 convictions, 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 — Tom, J.E, Friedman, Acosta, Renwick and DeGrasse, JJ.

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