Appellate Division of the Supreme Court of New York, 2011

People v. Santiago

People v. Santiago
Appellate Division of the Supreme Court of New York · Decided September 20, 2011
87 A.D.3d 1077; 929 N.Y.2d 761
People v. Santiago

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

The defendant contends, and the People correctly concede, that contrary to the determination of the Supreme Court, his status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to the 2009 Drug Law Reform Act, codified in CPL 440.46 (see People v Paulin, 17 NY3d 238 [2011]; People v Howard, 85 AD3d 1202, 1202-1203 [2011]). Accordingly, we reverse the order appealed from, and remit the matter to the Supreme Court, Queens County, for a new determination of the defendant’s motion. Dillon, J.P., Dickerson, Leventhal, Austin and Miller, JJ., concur.

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