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PEOPLE v. GORHAM

171 A.D.2d 676 (1991)

The People of the State of New York, Respondent, v. Melvin Gorham, Appellant

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

March 4, 1991

Ordered that the sentence is affirmed.

The defendant contends that the trial court improperly imposed an enhanced sentence upon his present conviction of criminal sale of a controlled substance in the third degree based upon its mistaken belief that he had a prior felony conviction when in fact that conviction had been reversed on appeal (see, People v Gorham, 60 A.D.2d 892

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