Majority
p. 535(January 28, 2014) The People of the State of New York, Appellant, v Frank Ruiz, Also Known as Hector Cortez, Respondent. [978 NYS2d 850]
In view of the Court of Appeals’ recent decision in Boyer, defendant was not entitled to relief under CPL 440.20 from his original sentencing as a second violent felony offender. Accordingly, we vacate the judgment of resentence and remand for resentencing in accordance with the rule stated in Boyer. Concur — Gonzalez, P.J., Friedman, Moskowitz and Feinman, JJ.