- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Dec 11 2012 (Date Decided)
- Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ.
8779-. PEOPLE, 8780 ap — v. DAVID SNIPES, def-res — Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for ap — Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for res — Judgment of resentence, Supreme Court, New York County (Ruth Pickholz, J.), rendered September 23, 2011, resentencing defendant as a second violent felony offender, and bringing up for review an order of the same court and Justice, entered on or about May 16, 2011, which granted defendant's CPL 440.20 motion to set aside his sentence as a persistent felony offender, and an order of the same court and Justice, entered on or about August 1, 2011, which, upon reargument, adhered to the May 16, 2011 order, unanimously reversed, on the law, and the original sentence as a persistent violent felony offender reinstated. Appeal from the May 16, 2011 order, unanimously dismissed, as subsumed in the appeal from the judgment.