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PEOPLE v. SANTIAGO

No. 139

17 N.Y.3d 246 (2011)

952 N.E.2d 481

928 N.Y.S.2d 665

2011 NY Slip Op 5545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NYDIA SANTIAGO, Appellant.

Court of Appeals of New York.

Decided June 28, 2011.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Barbara Zolot and Robert S. Dean of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Marc A. Sherman , Joseph N. Ferdenzi and Rafael Curbelo of counsel), for respondent.

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

OPINION OF THE COURT

SMITH, J.

At least until a recent amendment, the 2009 Drug Law Reform Act (DLRA) allowed only incarcerated offenders, not offenders free on parole, to apply for resentencing (see People v Paulin, 17 N.Y.3d 238 [2011] [decided today]). We hold in this case that a prisoner who applied before being paroled is not barred from obtaining resentencing after her release.

Defendant was sentenced...

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