People v. Ashby

The defendant contends, and the People correctly concede, that contrary to the Supreme Court’s determination, his status as a reincarcerated parole violator did not render him ineligible to apply for resentencing pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46 (see People v Paulin, 17 NY3d 238, 241-242 [2011]; People v Ashton, 95 AD3d 1137 [2012]; People v Cobb, 90 AD3d 779 [2011]; People v Rodriguez, 89 AD3d 1042 [2011]; People v Martin, 89 AD3d 1039 [2011]). Accordingly, the order appealed from must be reversed, and the matter remitted to the Supreme Court, Kings County,…