| People v Santiago |
| 2011 NY Slip Op 06574 [87 AD3d 1077] |
| September 20, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Santiago, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and JohnnetteTraill of counsel; William Palka on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (Erlbaum, J.),dated June 21, 2010, which denied his motion to be resentenced pursuant to CPL 440.46 on hisconviction of criminal sale of a controlled substance in the third degree, which sentence wasoriginally imposed, upon a jury verdict, on October 21, 1996.
Ordered that the order is reversed, on the law, and the matter is remitted to the SupremeCourt, Queens County, for a new determination of the defendant's motion.
The defendant contends, and the People correctly concede, that contrary to the determinationof the Supreme Court, his status as a reincarcerated parole violator did not render him ineligibleto apply for resentencing pursuant to the 2009 Drug Law Reform Act, codified in CPL 440.46(see People v Paulin, 17 NY3d238 [2011]; People v Howard,85 AD3d 1202, 1202-1203 [2011]). Accordingly, we reverse the order appealed from, andremit the matter to the Supreme Court, Queens County, for a new determination of thedefendant's motion. Dillon, J.P., Dickerson, Leventhal, Austin and Miller, JJ., concur.