PEOPLE v. FALK


108 A.D.2d 925 (1985)

The People of the State of New York, Respondent, v. Brad Falk, Appellant

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

February 25, 1985


Sentence reversed, on the law, and matter remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

Defendant was sentenced as a predicate violent felony offender based upon a prior conviction for attempted sexual abuse in the first degree. That crime, however, is not classified as a violent felony offense (see, Penal Law § 70.02). While the sentences imposed would still be authorized upon conviction as a second felony...

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