Legal Opinion
People v. Sanders
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2012PublishedCited by 5 opinions
1Opinion of the Court
The court properly adjudicated defendant a second violent felony offender rather than a persistent violent felony offender. *576Defendant’s resentencing at the behest of the Division of Parole for the purpose of imposing a period of PRS on one of defendant’s prior violent felony convictions occurred after he committed the instant offense. In this situation, the resentencing date controls whether the conviction meets the sequentiality requirement for sentencing as a persistent violent felony offender (see People v Butler, 88 AD3d 470 [1st Dept 2011], lv denied 18 NY3d 992 [2012]). Concur — Acosta,…
2Cases cited5 opinions
- People v. SparberNew York Court of Appeals · 2008
- People v. AcevedoNew York Court of Appeals · 2011
- People v. NAUMOWICZNew York Court of Appeals · 2012
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. NaughtonAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by5 opinions
- People v. BoyerNew York Court of Appeals · 2013
- 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
- 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