People v Danton
2012 NY Slip Op 01860 [93 AD3d 498]
March 15, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York, Respondent,
v
Claude Danton, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about January 22, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.

The court properly determined that defendant was 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 instant convictions (see People v Steward, 18 NY3d 493 [2012]). Concur—Tom, J.P., Moskowitz, Richter, Abdus-Salaam and Román, JJ.