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97 A.D.3d 707

People v. Soto

Appellate Division of the Supreme Court of the State of New York · decided 2012-07-11

Decided 2012-07-11

¶1The Supreme Court properly denied the defendant’s motion for resentencing pursuant to CPL 440.46. Contrary to the defendant’s contention, the record conclusively demonstrates that he was previously adjudicated a second violent felony offender, and that he thus has a predicate felony conviction for an “exclusion offense,” rendering him ineligible to apply for resentencing (CPL 440.46 [5] [b]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.

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