Appellate Division of the Supreme Court of New York, 2012

People v. Soto

People v. Soto
Appellate Division of the Supreme Court of New York · Decided July 11, 2012
97 A.D.3d 707; 947 N.Y.2d 888
People v. Soto

Cases that cite this one

1 later published case cites this decision.

  • People v. Ward (Appellate Division of the Supreme Court of New York 2019)

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

The Supreme Court properly denied the defendant’s motion for resentencing pursuant to CPL 440.46. Contrary to the defendant’s contention, the record conclusively demonstrates that he was previously adjudicated a second violent felony offender, and that he thus has a predicate felony conviction for an “exclusion offense,” rendering him ineligible to apply for resentencing (CPL 440.46 [5] [b]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.

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