People v. Agard

Judgment of resentence, Supreme Court, New York County (Melissa C. Jackson, J.), rendered August 31, 2015, resentenc-ing defendant, as a second felony offender, to consecutive terms of 12 years and 2 to 4 years, unanimously modified, on the law, to the extent of vacating the second felony offender adjudication and substituting a second violent felony offender adjudication, and otherwise affirmed.

Upon our remand for a new second violent felony offender adjudication and sentencing (127 AD3d 602 [1st Dept 2015]), the resentencing court determined that defendant’s predicate violent felony…