People v. Foust

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Jones, J.), imposed December 23, 1997, upon his convictions of manslaughter in the first degree, attempted murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree.

Ordered that the resentence is affirmed.

Upon granting the defendant’s motion pursuant to CPL 440.20 to vacate his sentence, the Supreme Court set aside his sentence as a second violent felony offender and resentenced him, as a second felony offender, to the same term of…