In People v. Donald Mills and People v. Then, (11 NY3d 527, 901 NE2d 196, 872 NYS2d 705 [2008], the Court held that "once a defendant has been released to parole supervision for a class A-II drug felony conviction, he or she no longer qualifies for 2005 DLRA relief for that particular conviction" (11 NY3d at 537). In discussing defendant Then, the Court stated, "if Then had not broken the law while on parole, he would clearly be ineligible for resentencing ... He would not have been in DOCS's custody, for one thing." (Id.) Therefore, the Court did not afford the defendant eligibility for resentencing for violating parole and being reincarcerated. The Court summarized defendant's argument as follows: "solely because he is a repeat offender, he qualified for relief (possible resentencing ...) otherwise beyond his reach. Surely the Legislature did not intend fresh crimes to trigger resentencing opportunities" (id).