—[*1] Steven Banks, The Legal Aid Society, New York (Richard Joselson of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (John P. Collins, J.), entered February 11, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for further proceedings consistent with this decision to include specifying and informing defendant of a proposed sentence.

Defendant's release on parole during the pendency of this appeal did not mandate dismissing the appeal as moot (see People v Santiago, 17 NY3d 246 [2011]; see also People v Paulin, 17 NY3d 238 [2011]). Accordingly, we review defendant's arguments on the merits, and find that substantial justice does not dictate denial of resentencing pursuant to the Drug Law Reform Act of 2009. We leave the length of the new sentence to the discretion of Supreme Court. Concur—Tom, J.P., Saxe, Catterson, Moskowitz and Acosta, JJ.

The decision and order of this Court entered herein on June 30, 2011 (85 AD3d 690) is hereby recalled and vacated (see 2012 NY Slip Op 60623[U] [decided simultaneously herewith]).