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PEOPLE v. WALKER

81 N.Y.2d 661 (1993)

623 N.E.2d 1

603 N.Y.S.2d 280

The People of the State of New York, Respondent, v. Jerome Walker, Appellant.

Court of Appeals of the State of New York.

Decided October 12, 1993.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (David Juergens of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Elizabeth Clifford of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur; Judge LEVINE taking no part.

Chief Judge KAYE.

Should defendant be sentenced as a second felony offender when the first crime — which was a felony at the time of his first sentencing — has been reclassified as a misdemeanor by the time of his second felony offender sentencing? The Appellate Division answered this question in the affirmative, as do we.

In February 1984, in Monroe County, defendant was sentenced following...

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