People v. Snipes

*473The court erred in granting defendant’s motion to set aside his sentence on the ground that his adjudication as a persistent violent felony offender was unlawful. “There is nothing in the Penal Law to indicate that a resentencing necessarily resets the controlling sentencing date for purposes of sequentiality” (People v Davis, 93 AD3d 524, 524 [1st Dept 2012], lv denied 19 NY3d 995 [2012]). This Court, citing People v Acevedo (17 NY3d 297 [2011]), has held that where a defendant’s resentencing was at the behest of the Division of Parole for purpose of imposing a period of postrelease…