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.