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PEOPLE v. WOODS

6911, 2469/97.

97 A.D.3d 488 (2012)

948 N.Y.S.2d 907

2012 NY Slip Op 5701

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS WOODS, Appellant.

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

July 24, 2012.

In this resentencing proceeding under CPL 440.46, the court properly adjudicated defendant a second felony drug offender whose prior felony conviction was a violent felony, even though he was only adjudicated an ordinary second felony offender at his original sentencing (see People v Dais, 81 A.D.3d 432 [2011], affd 19 N.Y.3d 335

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