PEOPLE v. CRISTOSTOMO

Nos. 6256, 2809/01.

95 A.D.3d 401 (2012)

943 N.Y.S.2d 468

2012 NY Slip Op 3364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO CRISTOSTOMO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2012.


While on work release from the drug conviction, defendant committed, and was convicted of, the crime of attempted kidnapping in the first degree, a violent felony. Supreme Court erred in finding that defendant is ineligible for resentencing due to his commission of a violent felony subsequent to the drug offense (see People v Allen, 92 A.D.3d 980 [2012]; People v Myles, 90 A.D.3d 952 [2011...

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