| People v Bond |
| 2014 NY Slip Op 02134 [115 AD3d 611] |
| March 27, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Appellant, v Thomas Bond, Also Known as Thomas Barnes, Also Known as Ali Achmed, Respondent. |
—[*1]
Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for
respondent.
Judgment of resentence, Supreme Court, Bronx County (Richard Lee Price, J.), rendered October 12, 2012, resentencing defendant, as a second violent felony offender, to a term of seven years, and bringing up for review an order of the same court and Justice, entered on or about September 14, 2012, which granted defendant's CPL 440.20 motion to set aside his sentence as a persistent violent felony offender and directed that he be resentenced as a second violent felony offender, unanimously reversed, on the law, the judgment of resentence vacated, and the sentence imposed on July 13, 2010 reinstated.
In view of the Court of Appeals' recent decision in People v Boyer (22 NY3d 15 [2013]), defendant was not entitled to relief under CPL 440.20 from his original sentencing as a persistent violent felony offender. Concur—Friedman, J.P., Freedman, Richter, Feinman and Gische, JJ.
The decision and order of this Court entered herein on December 31, 2013 (112 AD3d 547 [1st Dept 2013]) is hereby recalled and vacated (see 2014 NY Slip Op 67577[U] [2014] [decided simultaneously herewith]).