People v. Soto

Appellate Division of the Supreme Court of New York

People v. Soto

97 A.D.3d 707, 947 N.Y.2d 888

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

DecidedJuly 11, 2012

StatusPublished

This text of 97 A.D.3d 707 (People v. Soto) 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. Soto, 97 A.D.3d 707, 947 N.Y.2d 888 (N.Y. Ct. App. 2012).

Pincite

Opinion

The Supreme Court properly denied the defendant’s motion for resentencing pursuant to CPL 440.46. Contrary to the defendant’s contention, the record conclusively demonstrates that he was previously adjudicated a second violent felony offender, and that he thus has a predicate felony conviction for an “exclusion offense,” rendering him ineligible to apply for resentencing (CPL 440.46 [5] [b]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.

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The Supreme Court properly denied the defendant’s motion for resentencing pursuant to CPL 440.46. Contrary to the defendant’s contention, the record conclusively demonstrates that he was previously adjudicated a second violent felony offender, and that he thus has a predicate felony conviction for an “exclusion offense,” rendering him ineligible to apply for resentencing (CPL 440.46 [5] [b]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.

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Bluebook (online)

97 A.D.3d 707, 947 N.Y.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soto-nyappdiv-2012.