People v. Butler

The question before this Court is whether a defendant with two prior violent felony convictions, who was resentenced for those crimes at the behest of the New York State Division of Parole (DOP) under Penal Law § 70.45 and after the commission of the crime at issue, should have been adjudicated a persistent violent felony offender. We hold that he should not have been.

In 2009, defendant, together with codefendants, was tried and convicted of a 2006 robbery of several individuals at a hot dog *471stand. He was adjudicated a second violent felony offender and was sentenced to a 12-year prison term.…