People v. Timber (88 A.D.3d 503, 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 NY3d 238 [2011]), and even though he was again released while his resentencing motion was pending (see People v Santiago, 17 NY3d 246 [2011]). Concur — Gonzalez, P.J., Andrias, Saxe and Sweeny, JJ.