People v Steward, 2010 NY Slip Op 08355 [78 AD3d 481]

November 16, 2010

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.

Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about February 18, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed.

Defendant is ineligible for resentencing because of his prior violent felony convictions, even though they did not serve as the basis for his adjudication as a second felony offender on the instant conviction ( see People v Wright , 78 AD3d 474 [2010] [decided herewith]). Concur—Gonzalez, P.J., Mazzarelli, Andrias, Nardelli and Richter, JJ..