People v Parker
2012 NY Slip Op 06371 [98 AD3d 908]
September 27, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


The People of the State of New York, Respondent,
v
Sheldon Parker, 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.

Judgment of resentence, Supreme Court, New York County (A. Kirke Bartley, J.), rendered October 24, 2011, resentencing defendant, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

In a resentencing proceeding under CPL 440.46, the court properly made a de novo determination of whether defendant was previously convicted of a violent felony (see People v Dais, 19 NY3d 335 [2012]). Concur—Friedman, J.P., Acosta, Abdus-Salaam, Manzanet-Daniels and Román, JJ.