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PEOPLE v. SNIPES

1304/09, 8780.

101 A.D.3d 472 (2012)

955 N.Y.S.2d 50

2012 NY Slip Op 8460

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID SNIPES, Respondent.

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

December 11, 2012.

The court erred in granting defendant's motion to set aside his sentence on the ground that his adjudication as a persistent violent felony offender was unlawful. "There is nothing in the Penal Law to indicate that a resentencing necessarily resets the controlling sentencing date for purposes of sequentiality" (People v Davis, 93 A.D.3d 524, 524 [1st Dept 2012], lv denied

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