People v Woods
2012 NY Slip Op 05701 [97 AD3d 488]
July 24, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


The People of the State of New York, Respondent,
v
Curtis Woods, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered August 25, 2010, as amended September 28, 2010, resentencing defendant, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, with three years' postrelease supervision, unanimously affirmed.

In this resentencing proceeding under CPL 440.46, the court properly adjudicated defendant a second felony drug offender whose prior felony conviction was a violent felony, even though he was only adjudicated an ordinary second felony offender at his original sentencing (see People v Dais, 81 AD3d 432 [2011], affd 19 NY3d 335 [2012]). Concur—Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.