New York Supreme and/or Appellate Courts Appellate Division, First Department
July 24, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
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 , affd __ NY3d __, 2012 NY Slip Op 04201 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JULY 24, 2012
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