People v. Straub

Apr 26, 2011
Versions:83 A.D.3d 1105
921 N.Y.S.2d 570

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Orange County, for further proceedings and a new determination of the defendant‘s motion.

The County Court denied the defendant‘s motion to be resentenced under the Drug Law Reform Act of 2009 solely on the basis that his status as a reincarcerated parole violator made him ineligible for such relief. For the reasons set forth in People v Phillips (82 AD3d 1011 [2011]), the defendant‘s status does not preclude the County Court from considering and determining the merits of the defendant‘s motion. Accordingly, we reverse the order appealed from and remit the matter to the County Court, Orange County, for further proceedings and a new determination of the defendant‘s motion. Rivera, J.P., Angiolillo, Eng and Sgroi, JJ., concur.