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PEOPLE v. JOHNSON

4219, 3920/04.

82 A.D.3d 415 (2011)

917 N.Y.S.2d 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH JOHNSON, Appellant.

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

Decided March 1, 2011.

Defendant is ineligible for resentencing under the 2009 Drug Law Reform Act because of his prior violent felony conviction. It is immaterial that that conviction did not serve as the basis for his adjudication as a second felony offender on the drug conviction upon which he seeks resentencing (see People v Wright, 78 A.D.3d 474 [2010]). Defendant's estoppel arguments are without merit.

The court properly applied the...

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