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PEOPLE v. SOTO

2011-00221.

97 A.D.3d 707 (2012)

947 N.Y.S.2d 888

2012 NY Slip Op 5561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN SOTO, Appellant.

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

July 11, 2012.

Ordered that the order is affirmed.

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...

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