People v Dais; People v Stanley

These appeals involve a similar issue, albeit in different contexts. At issue in People v Dais was whether the People could introduce a new predicate felony statement at the resentencing proceeding to demonstrate that defendant must be adjudicated a second felony drug offender whose prior conviction was for a violent felony, not withstanding the fact that defendant, at his original sentencing had been adjudicated a second felony offender based on a prior non-violent felony. The issue presented in People v Stanley was the converse of the one in Dais. The court concluded that a de novo review of whether the defendant's prior felony was non-violent or violent was proper in a 2009 Drug Law Reform Act of 2009, Penal Law 60.04 and 70.70, resentencing proceeding. View "People v Dais; People v Stanley" on Justia Law