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PEOPLE v. NELOMS

85 A.D.2d 746 (1981)

The People of the State of New York, Respondent, v. John Neloms and James Sailor, Also Known as Leroy Cooper, Appellants

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

December 31, 1981

Judgment as to defendant Neloms affirmed.

No opinion. Judgment as to defendant Sailor modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the County Court, Westchester County, for resentencing in accordance herewith. The procedures set forth in CPL 400.20 were not properly followed when defendant Sailor was determined to be and sentenced as a persistent felony offender...

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