Majority
p. 488The People of the State of New York, Respondent, v Curtis Woods, Appellant. [948 NYS2d 907]
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.
Cases cited
- People v. Dais 19 NY3d 335 p. 488