People v. Ruiz

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.