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PEOPLE v. COSTA

198 A.D.2d 513 (1993)

604 N.Y.S.2d 193

The People of the State of New York, Respondent, v. Roland Costa, Appellant

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

November 29, 1993

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 in accordance herewith.

Since the defendant was not sentenced on the conviction which served as the basis for adjudicating him a second felony offender until after his commission of the instant crime, the court erred in adjudicating him a second felony...

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