| People v Thomas |
| 2014 NY Slip Op 07956 [122 AD3d 489] |
| November 18, 2014 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Corey L. Thomas, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Marisa K. Cabrera ofcounsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Marianne Stracquadanio of counsel),for respondent.
Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered May 31,2013, convicting defendant, upon his plea of guilty, of assault in the second degree, andsentencing him, as a second violent felony offender, to a term of five years, unanimouslyaffirmed.
The sentencing court properly adjudicated defendant a second violent felonyoffender. Defendant's predicate felony, criminal possession of a weapon in the thirddegree pursuant to former Penal Law § 265.02 (4), was a violent felony atthe time of that conviction in 2000 (see People v Walker, 81 NY2d 661, 664-666[1993]). Moreover, the same crime has been recodified as the more serious offense ofcriminal possession of a weapon in the second degree (Penal Law § 265.03[3]; see People v Jones, 22NY3d 53, 58 [2013]), which "remained a violent felony [offense] at the time ofdefendant's second violent felony offender adjudication" (People v Bowens, 120 AD3d1148, 1149 [1st Dept 2014]; see also People v Morse, 62 NY2d 205, 217[1984]; Penal Law § 70.02 [1] [b]). Defendant's ex post facto argument isimproperly raised for the first time in his reply brief, and is without merit in any event.Concur—Friedman, J.P., Acosta, Saxe, Manzanet-Daniels and Gische, JJ.