People v. Gathor

Judgment of resentence, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered August 14, 2012, resentencing defendant to a term of five years, and bringing up for review an order, same court and Justice, entered June 13, 2012, which granted defendant’s CPL 440.20 motion to set aside his sentence as a second violent felony offender and directed that defendant be resentenced as a first violent felony offender, and order, same court and Justice, entered on or about July 11, 2012, which, upon reargument, adhered to the June 13, 2012 order, unanimously reversed, on the law, the…