People v. Cabrera

Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.), dated July 2, 2010, which, after a hearing, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on May 16, 1996.

Ordered that the order is affirmed.

As the People correctly concede, the Supreme Court erred in concluding that the defendant was ineligible for resentencing under CPL 440.46 by virtue of his parole violation (see People v Paulin, 17 NY3d 238, 242…