PEOPLE v. SCARBOROUGH

Nos. 5719, 1043/02, 5720.

88 A.D.3d 585 (2011)

931 N.Y.S.2d 495

2011 NY Slip Op 7484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE SCARBOROUGH, Appellant.

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

Decided October 25, 2011.


The court denied the motion on the ground of ineligibility. The court also determined, in the alternative, that substantial justice dictated denial of 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 N.Y.3d 238 [2011]). Under the circumstances of this case, defendant is...

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