
    The People of the State of New York, Respondent, v Juan Soto, Appellant.
    [947 NYS2d 888]
   The Supreme Court properly denied the defendant’s motion for resentencing pursuant to CPL 440.46. Contrary to the defendant’s contention, the record conclusively demonstrates that he was previously adjudicated a second violent felony offender, and that he thus has a predicate felony conviction for an “exclusion offense,” rendering him ineligible to apply for resentencing (CPL 440.46 [5] [b]). Skelos, J.P., Balkin, Lott and Miller, JJ., concur.  