
    The People of the State of New York, Respondent, v Carlton Spivey, Appellant.
    [929 NYS2d 192]
   Defendant is eligible to be resentenced under the 2009 Drug Law Reform Act (L 2009, ch 56), even though he was released on parole from custody on his drug conviction, but reincarcerated for a parole violation (see People v Paulin, 17 NY3d 238 [2011]). Accordingly, we remand the matter to Supreme Court for further consideration of his application. Concur — Andrias, J.E, Friedman, Sweeny, Renwick and Román, JJ.  