People v. Nieves

Order, Supreme Court, New York County (Daniel E Conviser, J.), entered on or about March 2, 2010, which denied, on the ground of ineligibility, defendant’s CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded for further proceedings.

As the People concede, defendant is eligible to be considered for resentencing because he is deemed to still be serving a *672sentence for a class B drug felony. Defendant was convicted in 1996 of class B drug felonies and sentenced to concurrent terms of 572 to 11 years. After being released on parole, he was convicted of…