New York Supreme and/or Appellate Courts Appellate Division, First Department
March 15, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
People v Danton
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 15, 2012
Tom, J.P., Moskowitz, Richter, Abdus-Salaam, Roman, JJ.
Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about January 22, 2010, which denied CPL 440.46 motion for resentencing, unanimously affirmed.
The court properly determined that defendant was ineligible for resentencing because of his prior violent felony conviction, even though it did not serve as the basis for his adjudication as a second felony offender on the instant convictions (see People v Steward, __ NY3d __, 2012 NY Slip Op 01099 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 15, 2012
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