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PEOPLE v. TRAYLOR

3477, 3049/13.

149 A.D.3d 626 (2017)

2017 NY Slip Op 03111

53 N.Y.S.3d 46

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY TRAYLOR, Appellant.

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

Decided April 25, 2017.

Although defendant's procedural challenges to his second violent felony offender adjudication are unpreserved, under the circumstances presented here, vacatur of the sentence in the interest of justice is warranted. In contrast to People v Bouyea (64 N.Y.2d 1140 [1985]), here, defendant never admitted the prior felony conviction upon which his second violent felony adjudication was predicated, and the court never adjudicated defendant...

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