People v. Caba

Order, Supreme Court, Bronx County (John P Collins, J), entered on or about April 23, 2009, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant is ineligible for resentencing because of his prior violent felony conviction, even though it did not serve as the basis for his adjudication as a second felony offender on the drug conviction upon which he seeks resentencing (see People v Steward, 18 NY3d 493 [2012]).

Defendant did not preserve his argument that he was entitled to a hearing on his resentencing motion (see People v Alaouie, 86 AD3d 462 [2011]),…