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PEOPLE v. BROWN

67 A.D.2d 949 (1979)

The People of the State of New York, Respondent, v. Frederick L. Brown, Also Known as Freddie Lee Brown, Appellant

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

February 13, 1979

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and case remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

We find that defendant's 1971 felony conviction should not be used as a predicate felony for sentencing purposes in the instant case (see CPL 400.21, subd 7, par [b]). The 1971 plea minutes reveal that defendant's knowledge of the...

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