PEOPLE v. ABNEY


115 A.D.2d 1001 (1985)

The People of the State of New York, Respondent, v. Allen Abney, Appellant

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

December 20, 1985


Judgment unanimously modified, on the law, by vacating the sentence imposed and, as modified, affirmed and matter remitted to Supreme Court, Monroe County, for resentencing.

Memorandum:

The question is whether defendant's 1970 conviction in Pennsylvania for the crime of "Violation of the Uniform Firearms Act" can serve as a predicate felony for sentencing the defendant in New York as a second felony offender.

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