People v. Wright

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about February 4, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant applied for resentencing on his 2005 conviction for criminal sale of a controlled substance in the third degree, involving a 2004 incident. In that case, he was adjudicated a second felony offender based on a 1997 conviction for a nonviolent felony, also involving drugs. However, defendant also had two 1994 convictions for attempted robbery in the second degree, a violent felony. The court properly…