PEOPLE v. WEBB


135 A.D.2d 855 (1987)

The People of the State of New York, Respondent, v. William Webb, Also Known as Frank Oliver, Appellant

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

December 28, 1987


Ordered that the sentence is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing of the defendant as a second felony offender.

The sentencing court erred in adjudicating and sentencing the defendant as a second violent felony offender predicated upon a 1975 conviction for robbery in the third degree, which is not a violent felony offense (see, Penal Law § 70.02...

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