PEOPLE v. JACKSON


93 A.D.2d 727 (1983)

The People of the State of New York, Respondent, v. John Jackson, Appellant

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

April 12, 1983


We find no merit to the issues raised by defendant with respect to his guilt. However, upon sentencing, the prosecution filed an information charging defendant with being a predicate violent felony offender. The violent predicate felony relied on by the prosecution was a 1972 conviction for attempted robbery in the third degree. Commendably, the People now concede that the predicate crime, although a felony, was not a violent felony. Accordingly, we modify to vacate the sentences...

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