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PEOPLE v. SCUTCHINS

5354, 4240/00, 3276/00

89 A.D.3d 480 (2011)

932 N.Y.S.2d 335

2011 NY Slip Op 7905

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JARMAINE SCUTCHINS, Appellant.

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

Decided November 10, 2011.

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]), and even though he was again paroled while his application was pending (see People v Santiago, 17 N.Y.3d 246

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