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People v. Parker

98 A.D.3d 908 Court N.Y. App. Div. Decision date 2012-09-27 English

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p. 908
The People of the State of New York, Respondent, v Sheldon Parker, Appellant.
[950 NYS2d 904]

— Judgment of resentence, Supreme Court, New York County (A. Kirke Bartley, J.), rendered October 24, 2011, resentencing defendant, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

In a resentencing proceeding under CPL 440.46, the court properly made a de novo determination of whether defendant was previously convicted of a violent felony (see People v Dais, 19 NY3d 335 [2012]). Concur — Friedman, J.P., Acosta, AbdusSalaam, Manzanet-Daniels and Román, JJ.

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