In view of the Court of Appeals’ recent decision in Boyer, defendant was not entitled to relief under CPL 440.20 from his original sentencing as a second violent felony offender. Accordingly, we vacate the judgment of resentence and remand for resentencing in accordance with the rule stated in Boyer. Concur — Gonzalez, P.J., Friedman, Moskowitz and Feinman, JJ.
The People of the State of New York, Appellant, v. Frank Ruiz, Also Known as Hector Cortez, Respondent
113 A.D.3d 535978 N.Y.S.2d 850
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