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PEOPLE v. MATTHEWS

5515, 216/02

89 A.D.3d 486 (2011)

932 N.Y.S.2d 336

2011 NY Slip Op 7907

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIAH MATTHEWS, Appellant.

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

Decided November 10, 2011.

At the time he filed his application, defendant was eligible for consideration for resentencing even though he had been released from custody on his drug convictions but reincarcerated for parole violations (see People v Paulin, 17 N.Y.3d 238 [2011]). That he was released on parole again while this appeal was pending did not bar defendant from obtaining resentencing (see People v Santiago, 17 N.Y.3d 246

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