PEOPLE v. GARRETT


130 A.D.2d 505 (1987)

The People of the State of New York, Respondent, v. Chip R. Garrett, Appellant

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

May 4, 1987


Ordered that the judgment is modified, on the law, by vacating the defendant's adjudication as a second violent felony offender and by substituting in its place an adjudication that he is a second felony offender pursuant to Penal Law § 70.06; as so modified, the judgment is affirmed; the defendant's commitment papers are modified accordingly.

The defendant was improperly sentenced as a second violent felony offender...

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