Legal Opinion

People v. Parker

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2012PublishedCited by 1 opinion

1Opinion of the Court

— Judgment of resentence, Supreme Court, New York County (A. Kirke Bartley, J.), rendered October 24, 2011, resentencing defendant, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

In a resentencing proceeding under CPL 440.46, the court properly made a de novo determination of whether defendant was previously convicted of a violent felony (see People v Dais, 19 NY3d 335 [2012]). Concur — Friedman, J.P., Acosta, AbdusSalaam, Manzanet-Daniels and Román, JJ.

2Cases cited1 opinion

  1. People v. DaisNew York Court of Appeals · 2012

3Cited by1 opinion

  1. People v. KavalAppellate Division of the Supreme Court of the State of New York · 2021