| People v Ramirez |
| 2008 NY Slip Op 02767 [49 AD3d 475] |
| March 27, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JuanRamirez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), forrespondent.
Order, Supreme Court, New York County (Roger S. Hayes, J.), entered on or about May 19,2006, as amended September 6, 2006, which adjudicated defendant a second felony offenderwhose prior felony conviction was for a violent felony and specified and informed him that thecourt would resentence him to a term of 15 years for his conviction of criminal possession of acontrolled substance in the first degree, unanimously affirmed, and the matter remitted toSupreme Court, New York County, for further proceedings upon defendant's application forresentencing.
There was no predicate felony adjudication at the time of defendant's original sentence of 15years to life, and such an adjudication would have been superfluous under the law existing at thattime. Defendant's request for resentencing placed the case in a procedural posture that requiredthe People to file a predicate felony statement, and the court was required to sentence defendantas a second felony drug offender whose prior conviction is for a violent felony (see People v Alcequier, 43 AD3d699 [2007]). People vWinthrow (38 AD3d 323 [2007]) is not to the contrary, since it deals with a differentprocedural situation that is addressed by CPL 400.21 (8). Concur—Mazzarelli, J.P., Saxe,Buckley and Catterson, JJ.