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PEOPLE v. DAIS

4180, 5383/04.

81 A.D.3d 432 (2011)

916 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUINTON DAIS, Appellant.

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

Decided February 3, 2011.

In granting defendant's CPL 440.46 motion for a reduced sentence, the court properly adjudicated him a second felony drug offender with a predicate violent felony conviction under Penal Law § 70.70 (4), even though he was only adjudicated an ordinary second felony offender at his original sentencing.

Defendant's lengthy record includes, among other things, convictions for a violent felony in 1984 and a nonviolent felony...

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