The People of the State of New York, Respondent, v. Michael Watson, Defendant–Appellant.

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Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Michael Watson, Defendant–Appellant.

5788

Decided: October 20, 2011

Gonzalez, P.J., Mazzarelli, Sweeny, Abdus–Salaam, Román, JJ. Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York (Joshua A. Kobrin of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

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Order, Supreme Court, New York County (Charles H. Solomon, J.), entered July 6, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings on the motion.

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

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK