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The People of the State of New York v. Curtis Woods

New York Supreme and/or Appellate Courts Appellate Division, First Department


July 24, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
CURTIS WOODS,
DEFENDANT-APPELLANT.

People v Woods

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 July 24, 2012

Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam, Manzanet-Daniels, JJ.

Judgment of resentence, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered August 25, 2010, as amended September 28, 2010, resentencing defendant, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, with three years' postrelease supervision, unanimously affirmed.

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 __ NY3d __, 2012 NY Slip Op 04201 [2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JULY 24, 2012

DEPUTY CLERK

20120724

© 1992-2012 VersusLaw Inc.



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