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People v. Soto

97 A.D.3d 707 Court N.Y. App. Div. Decision date 2012-07-11 English

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p. 707
The People of the State of New York, Respondent, v Juan Soto, Appellant.
[947 NYS2d 888]

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.