Legal Opinion
People v. Boyer
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012PublishedCited by 7 opinions
1Opinion of the Court
Mercure, A.RJ.
Defendant also appeals, by permission, from County Court’s denial of his CPL 440.20 motion to vacate his sentence and be resentenced as a second violent felony offender. Specifically, defendant argues that he is entitled to such relief because one of the prior felony convictions supporting his adjudication as a persistent violent felony offender was later determined to be subject to resentencing based upon the court’s failure to pronounce the term of postrelease supervision (see People v Sparber, 10 NY3d 457, 472 [2008]). Because resentencing in that case did not occur until…
2Cases cited5 opinions
- People v. LingleNew York Court of Appeals · 2011
- People v. SparberNew York Court of Appeals · 2008
- People v. AcevedoNew York Court of Appeals · 2011
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BoyerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by7 opinions
- People v. BoyerNew York Court of Appeals · 2013
- People v. KilgoreAppellate Division of the Supreme Court of the State of New York · 2023
- People v. NaughtonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SnipesAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SnipesAppellate Division of the Supreme Court of the State of New York · 2013
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