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PEOPLE v. RODRIGUEZ

116 A.D.2d 749 (1986)

The People of the State of New York, Respondent, v. Santos Rodriguez, Appellant

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

January 27, 1986

Judgment modified, on the law, by (1) vacating the sentence imposed and (2) vacating the persistent violent felony adjudication, and substituting therefor an adjudication that defendant is a second violent felony offender. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Kings County, for resentencing.

As the prosecution concedes, under the Court of Appeals decision in People v Morse (62 N.Y.2d 205

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