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The People of the State of New York v. Sheldon Parker

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


September 27, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
SHELDON PARKER,
DEFENDANT-APPELLANT.

People v Parker

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 September 27, 2012

Friedman, J.P., Acosta, Abdus-Salaam, Manzanet-Daniels, Roman, JJ.

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])).

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

ENTERED: SEPTEMBER 27, 2012

CLERK

20120927

© 1992-2012 VersusLaw Inc.



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