In People v. Then, 11 N.Y.3d 527, 901 N.E.2d 196, 872 N.Y.S.2d 705 (2008), the Court held that a paroled defendant returned to custody on a parole violation and on a new indeterminate sentence was not eligible for resentencing under DLRA 2 on the first sentence even though he could not be re-paroled on the first sentence within three years due to the new sentence which he was serving. Defendant had argued that although he was entitled to a re-parole hearing in two years, he was more than three years from re-parole eligibility on the first sentence because the new sentence prevented him from being paroled. The Court noted that Then had "broken the law" while on parole, was a "repeat offender, and stated, "surely, the legislature did not intend fresh crimes to trigger resentencing opportunities." People v. Then, supra, at 537. Accordingly, the Court held "a valid and more sensible reading of the statutory text is that in order to be eligible for resentencing an inmate must be more than three years from parole eligibility for the same class A-II drug felony for which resentencing is sought." People v. Then, supra, at 537.