People v. Boyer
Cases that cite this one
1 later published case cites this decision.
- People v. Boyer (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On a previous appeal, this Court adjudicated defendant to be a second violent felony offender based upon the 1989 conviction, which was set forth in the People’s predicate felony statement submitted prior to sentencing in 2002 (see 19 AD3d at 805-806). Moreover, defendant has never challenged that predicate felony despite numerous opportunities to do so. Accordingly, we conclude that County Court properly resentenced defendant as a second violent felony offender (see People v Mosley, 70 AD3d 1126, 1127 [2010], lv denied 14 NY3d 890 [2010]; People v Booker, 280 AD2d 785, 785-786 [2001], lv denied 96 NY2d 916 [2001]; cf. People v Anthony, 52 AD3d 864, 864-865 [2008], lv denied 11 NY3d 733 [2008]).
Lahtinen, Spain, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.