People v. Bond

Appellate Division of the Supreme Court of New York

People v. Bond

115 A.D.3d 611, 986 N.Y.S.2d 327

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 27, 2014

StatusPublished

Cited by2 cases

This text of 115 A.D.3d 611 (People v. Bond) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bond, 115 A.D.3d 611, 986 N.Y.S.2d 327 (N.Y. Ct. App. 2014).

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Opinion

Judgment of resentence, Supreme Court, Bronx County (Richard Lee Erice, J.), rendered October 12, 2012, resentencing defendant, as a second violent felony offender, to a term of seven years, and bringing up for review an order of the same court and Justice, entered on or about September 14, 2012, which granted defendant’s CEL 440.20 motion to set aside his sentence as a persistent violent felony offender and directed that he be resentenced as a second violent felony offender, unanimously reversed, on the [612]*612law, the judgment of resentence vacated, and the sentence imposed on July 13, 2010 reinstated.

In view of the Court of Appeals’ recent decision in People v Boyer (22 NY3d 15 [2013]), defendant was not entitled to relief under CPL 440.20 from his original sentencing as a persistent violent felony offender.

Concur — Friedman, J.P, Freedman, Richter, Feinman and Gische, JJ.

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Judgment of resentence, Supreme Court, Bronx County (Richard Lee Erice, J.), rendered October 12, 2012, resentencing defendant, as a second violent felony offender, to a term of seven years, and bringing up for review an order of the same court and Justice, entered on or about September 14, 2012, which granted defendant’s CEL 440.20 motion to set aside his sentence as a persistent violent felony offender and directed that he be resentenced as a second violent felony offender, unanimously reversed, on the [612]*612law, the judgment of resentence vacated, and the sentence imposed on July 13, 2010 reinstated.

In view of the Court of Appeals’ recent decision in People v Boyer (22 NY3d 15 [2013]), defendant was not entitled to relief under CPL 440.20 from his original sentencing as a persistent violent felony offender.

Concur — Friedman, J.P, Freedman, Richter, Feinman and Gische, JJ.

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Bluebook (online)

115 A.D.3d 611, 986 N.Y.S.2d 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bond-nyappdiv-2014.

Opinion

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