Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Woods

People v. Woods, 97 A.D.3d 488 (Appellate Division of the Supreme Court of the State of New York 2012)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2012-07-24
Topic
general

In this resentencing proceeding under CPL 440.46, the court properly adjudicated defendant a second felony drug offender whose prior felony conviction was a violent felony, even though he was only adjudicated an ordinary second felony offender at his original sentencing (see People v Dais, 81 AD3d 432 [2011], affd 19 NY3d 335 [2012]). Concur — Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.

Citator

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In this resentencing proceeding under CPL 440.46, the court properly adjudicated defendant a second felony drug offender whose prior felony conviction was a violent felony, even though he was only adjudicated an ordinary second felony offender at his original sentencing (see People v Dais, 81 AD3d 432 [2011], affd 19 NY3d 335 [2012]). Concur — Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.