People v. Martin

Order, Supreme Court, Bronx County (John P Collins, J.), entered May 3, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for de novo proceedings on the motion.

Defendant was eligible for consideration for resentencing even though he had been released from custody on his underlying drug conviction but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]).

The court ruled in the alternative that substantial justice dictated that defendant’s motion be denied. However, defendant was denied his…