Opinion
2014-03-27
The PEOPLE of the State of New York, Appellant, v. Thomas BOND, also known as Thomas Barnes, also known as Ali Achmed, Defendant–Respondent.
Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for appellant. Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for respondent.
Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for appellant. Steven Banks, The Legal Aid Society, New York (Elon Harpaz of counsel), for respondent.
Judgment of resentence, Supreme Court, Bronx County (Richard Lee Price, J.), rendered October 12, 2012, resentencing defendant, as a second violent felony offender, to a term of seven years, and bringing up for review an order of the same court and Justice, entered on or about September 14, 2012, which granted defendant's CPL 440.20 motion to set aside his sentence as a persistent violent felony offender and directed that he be resentenced as a second violent felony offender, unanimously reversed, on the law, the judgment of resentence vacated, and the sentence imposed on July 13, 2010 reinstated.
In view of the Court of Appeals' recent decision in People v. Boyer, 22 N.Y.3d 15, 977 N.Y.S.2d 731, 999 N.E.2d 1176 (2013), defendant was not entitled to relief under CPL 440.20 from his original sentencing as a persistent violent felony offender.
The decision and order of this Court entered herein on December 31, 2013 (112 A.D.3d 547, 976 N.Y.S.2d 878 [1st Dept.2013] ) is hereby recalled and vacated ( seeM—65, 2014 WL 1242943 decided simultaneously herewith).
FRIEDMAN, J.P., FREEDMAN, RICHTER, FEINMAN, GISCHE, JJ., concur.