People v Bond

People v Bond 2013 NY Slip Op 08821 Decided on December 31, 2013 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 December 31, 2013
Friedman, J.P., Freedman, Richter, Feinman, Gische, JJ. 10550-
4505/07 10551

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

v

Thomas Bond also known as Thomas Barnes also known as Ali Achmed, Defendant-Respondent.




Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of
counsel), for appellant.
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 matter remanded for resentencing consistent with People v Boyer (__ NY3d __, 2013 NY Slip Op 07515 [2013]).

In view of the Court of Appeals' recent decision in Boyer, defendant was not entitled to relief under CPL 440.20 from his original sentencing as a persistent violent felony offender.
Accordingly, we vacate the judgment of resentence and remand for resentencing in accordance with the rule stated in Boyer.

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

ENTERED: DECEMBER 31, 2013

CLERK