People v. Paulin

Order, Supreme Court, Bronx County (John E Collins, J.), entered November 12, 2009, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant is not eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), in that he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Pratts, 74 AD3d 536 [2010]). Concur—Tom, J.P., Sweeny, Catterson, McGuire and Román, JJ.