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PEOPLE v. WOOD

10992-6029/02, 10993

115 A.D.3d 613 (2014)

2014 NY Slip Op 2136

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRANCE WOOD, Respondent.

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

Decided March 27, 2014.

Pursuant to People v Boyer (22 N.Y.3d 15 [2013]), the original date of a conviction is controlling for purposes of determining the sequence of current and prior convictions, not the date of resentencing to correct the error identified in People v Sparber (10 N.Y.3d 457 [2008]). Because the date defendant received a lawful sentence on a valid conviction for criminal possession of a weapon...

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