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PEOPLE v. AVILA

2010-03049.

84 A.D.3d 1259 (2011)

923 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX AVILA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 24, 2011.

Ordered that the order is affirmed, without costs.

The Supreme Court correctly determined that the defendant's status as a parole violator did not render him ineligible to apply for resentencing pursuant to the Drug Law Reform Act of 2009 (hereinafter the 2009 DLRA) (see CPL 440.46; People v Phillips, 82 A.D.3d 1011 [2011], lv granted 16 N.Y.3d 834 [2011]). However, contrary...

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