People v. Scutchins (89 A.D.3d 480, 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 paroled while his application was pending (see People v Santi ago, 17 NY3d 246 [2011]). Concur — Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ.