People v. Caldwell (88 A.D.3d 560, 2011)

Defendant is similarly situated to the defendants in People v Acevedo (17 NY3d 297 [2011]). Accordingly his violent felony conviction qualifies as a predicate conviction for sentencing purposes in this case. Concur — Tom, J.R, Sweeny, Freedman, Richter and Abdus-Salaam, JJ.