People v. Soto

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.