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PEOPLE v. FEWS

2013-09065, Ind. No. 508/12.

148 A.D.3d 1180 (2017)

2017 NY Slip Op 02443

50 N.Y.S.3d 523

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAFANI FEWS, Appellant.

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

Decided March 29, 2017.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, (1) by vacating the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) by vacating the adjudication of the defendant as a persistent felony offender and the sentence imposed upon his remaining convictions; as so modified, the judgment is affirmed, and the...

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