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PEOPLE v. DALTON

Nos. 5397, 9513/97

88 A.D.3d 509 (2011)

930 N.Y.S.2d 875

2011 NY Slip Op 7176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DALTON, Also Known as MICHAEL WALTON, Appellant.

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

Decided October 13, 2011.

Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Paulin, 17 N.Y.3d 238 [2011]). Moreover, this appeal was not rendered moot by the fact that defendant was again paroled during its pendency (see People v Santiago...

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