¶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.
97 A.D.3d 707
People v. Soto
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-07-11
Decided 2012-07-11