In People v. Mills (11 NY3d 527, 901 NE2d 196, 872 NYS2d 705 (2008)), the Court of Appeals held that defendants released on parole who were subsequently returned to prison for parole violations were not eligible for resentencing under the 2005 DLRA. In Mills, one of the two named defendants, Jose Then, had been returned to prison after being released on parole and committing a new crime. Mills, in the view of this court, based its holding on two underlying rationales. First, the Court held that allowing resentencing under the 2005 DLRA after a parole violation would lead to "illogical if not perverse results." (11 NY3d at 537.) The Court noted that Jose Then would not have been eligible for resentencing under the statute if he had not committed a second crime and been returned to prison. The Court reasoned that "surely the Legislature did not intend fresh crimes to trigger resentencing opportunities." (11 NY3d at 537.) The Court determined to deny resentencing to the second named Defendant, Jose Then, who was convicted of a Class A-II felony and then later convicted of a second felony for which a consecutive sentence was imposed because it would be "most sensible to consider whether the Defendant was eligible for resentencing only with respect to the crime he was applying to be resentenced for, rather than by also considering Defendant's second crime". Decision, Slip Op. at 8, citing Mills 11 NY3d at 537.