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PEOPLE v. WASHINGTON

125 A.D.2d 254 (1986)

The People of the State of New York, Respondent, v. Herbert Washington, Appellant

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

December 23, 1986

As the People concede with commendable candor, it was error to sentence defendant as a persistent violent felony offender based on convictions entered on June 4 and June 24, 1975, since defendant had not been sentenced on the first felony when he committed the second one. (See, People v Morse, 62 N.Y.2d 205.) The sentences, accordingly, must be vacated and the matter remanded to...

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