PEOPLE v. BOYER

No. 205, No. 206.

22 N.Y.3d 15 (2013)

999 N.E.2d 1176

977 N.Y.S.2d 731

2013 NY Slip Op 7515

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BOYER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EQUAN SANDERS, Respondent.

Court of Appeals of New York.

Decided November 14, 2013.


Attorney(s) appearing for the Case

Davision Law Office, PLLC, Canandaigua ( Mark C. Davison of counsel), for appellant in the first above-entitled action.

P. David Soares , District Attorney, Albany ( Steven M. Sharp of counsel), for respondent in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Dana Poole and Alan Gadlin of counsel), for appellant in the second above-entitled action.

Steven Banks , Legal Aid Society, Criminal Appeals Bureau, New York City ( Elon Harpaz of counsel), for respondent in the

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge ABDUS-SALAAM; Judge RIVERA dissents and votes to reverse in an opinion in which Chief Judge LIPPMAN concurs.


OPINION OF THE COURT

ABDUS-SALAAM, J.

The primary issue before us is whether, for purposes of determining the sequentiality of a defendant's current and prior convictions under New York's sentence enhancement statutes, the controlling date of sentence for the defendant's prior conviction is the original date of sentence for that conviction or the date of a later resentencing which rectifies the flawed imposition...

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