In People v. McCloud, 38 AD3d 1056, 1057, 831 N.Y.S.2d 600 (3d Dept 2007) the Court denied resentencing under the 2005 DLRA where a defendant had been released to parole supervision and subsequently was reincarcerated for a parole violation. The Court held that "we do not believe that the drug reform laws were intended to apply to offenders who have served their term of imprisonment, been released to parole supervision, violated their parole and, as a result, were subject to a subsequent period of incarceration". The McCloud court did not indicate whether defendant's parole violation was the result of a new crime or a technical violation.