PEOPLE v. SMITH


150 A.D.2d 313 (1989)

The People of the State of New York, Respondent, v. Joseph Smith, Appellant

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

May 30, 1989


On defendant's previous appeal from the instant robbery conviction, we determined that he had been improperly sentenced as a second violent felony offender, and remanded for resentencing as a second felony offender (People v Smith, 129 A.D.2d 517 [1st Dept 1987]).

Based upon our review of the record, we find, and the People concede, there is no evidence that when defendant was ...

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