People v Madison
2011 NY Slip Op 07175 [88 AD3d 509]
October 13, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Malcolm Madison, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered May 28, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, and the matter remanded to Supreme Court for further proceedings.

Pursuant to the Court of Appeals' recent decision in People v Paulin (17 NY3d 238 [2011]), defendant's reincarceration for a parole violation after his release on parole for his drug conviction does not render him ineligible for resentencing under the 2009 Drug Law Reform Act (L 2009, ch 56). Accordingly, defendant's motion for resentencing was improperly denied. Concur—Saxe, J.P., Acosta, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.