PEOPLE v. ROSADO

2013-03395, Ind. No. 12-00899.

148 A.D.3d 1058 (2017)

2017 NY Slip Op 02066

48 N.Y.S.3d 625

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EXANDER ROSADO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 22, 2017.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The Supreme Court was required to determine on the record whether the defendant, whose conviction of burglary in the first degree constituted an armed felony (see CPL 1.20 [41]; Penal Law §§ 70.02 [1] [a]; 140...

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