Ordered that the sentences are reversed, on the law, and the matters are remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
As the prosecution concedes, the sentencing court erred in adjudicating the defendant to be a second violent felony offender.
The predicate crime involved the defendant's prior plea of guilty to attempted criminal possession of a weapon in the third degree.
However, that crime constitutes a violent...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.