People v Danton

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People v Danton 2012 NY Slip Op 01860 Decided on March 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 15, 2012
Tom, J.P., Moskowitz, Richter, Abdus-Salaam, Román, JJ.
6258 5759/03 620/04

[*1]The People of the State of New York, Respondent,

v

Claude Danton, Defendant-Appellant.




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 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, __ NY3d __, 2012 NY Slip Op 01099 [2012]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 15, 2012

CLERK

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