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PEOPLE v. PAULIN

No. 137

17 N.Y.3d 238 (2011)

952 N.E.2d 1028

929 N.Y.S.2d 36

2011 NY Slip Op 5544

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID LANCE PAULIN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS PRATTS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES F. PHILLIPS, Respondent.

Court of Appeals of New York.

Decided June 28, 2011.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Mark W. Zeno and Robert S. Dean of counsel), for appellant in the first and second above-entitled actions.

Robert T. Johnson , District Attorney, Bronx ( Maureen L. Grosdidier and Joseph N. Ferdenzi of counsel), for respondent in the first above-entitled action.

Lily Goetz , New York City, Sara Manaugh and Paul Keefe , for New York City Bar Association, amicus curiae in the first and second above-entitled actions.

Robert T. Johnson , District Attorney, Bronx ( Maureen L. Grosdidier , Joseph N. Ferdenzi and Rafael Curbelo of counsel), for respondent in the second above-entitled action.

Francis D. Phillips, II , District Attorney, Goshen ( Lauren E. Grasso and Andrew R. Kass of counsel), for appellant in the third above-entitled action.

Mark Diamond , New York City, for respondent in the third above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

The 2009 Drug Law Reform Act (DLRA) allows certain prisoners sentenced under the so-called Rockefeller Drug Laws to be resentenced. We hold that prisoners who have been paroled, and then reincarcerated for violating their parole, are not for that reason barred from seeking relief under the statute.

I.

David Lance Paulin, Jesus Pratts and James Phillips all committed...

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