People v. Soto
97 A.D.3d 707, 947 N.Y.2d 888
Appellate Division of the Supreme Court of the State of New York·Decided July 11, 2012·Published·Cited by 1 cases
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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People v. Soto, 97 A.D.3d 707, 947 N.Y.2d 888 (N.Y. Ct. App. 2012).
97 A.D.3d 707 (People v. Soto) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Ward
2019 NY Slip Op 2923 (Appellate Division of the Supreme Court of New York, 2019)