People v. Dais

Judgment of resentence, Supreme Court, New York County (Eduardo Padro, J.), rendered February 25, 2010, resentencing defendant, as a second felony drug offender whose prior conviction was for a violent felony, to a term of six years, with three years’ postrelease supervision, unanimously affirmed.

*433In granting defendant’s CPL 440.46 motion for a reduced sentence, the court properly adjudicated him a second felony drug offender with a predicate violent felony conviction under Penal Law § 70.70 (4), even though he was only adjudicated an ordinary second felony offender at his original sentencing.

D…