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PEOPLE v. STEWART

104 A.D.2d 734 (1984)

The People of the State of New York, Respondent, v. Eugene Stewart, Appellant

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

September 21, 1984

Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and defendant remanded to Niagara County Court for resentencing, in accordance with the following memorandum: In sentencing defendant as a second felony offender, it was improper to rely upon a predicate felony which postdated the instant offense (Penal Law, § 70.06, subd 1, par [b]; People v Gillman, 49 A.D.2d 951). Further...

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