¶1In view of the Court of Appeals’ recent decision in Boyer, defendant was not entitled to relief under CPL 440.20 from his original sentencing as a second violent felony offender. Accordingly, we vacate the judgment of resentence and remand for resentencing in accordance with the rule stated in Boyer. Concur — Gonzalez, P.J., Friedman, Moskowitz and Feinman, JJ.
113 A.D.3d 535
People v. Ruiz
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2014
Appellate Division of the Supreme Court of the State of New York · decided 2014-01-28
Decided 2014-01-28