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PEOPLE v. HUGHES

196 A.D.2d 663 (1993)

602 N.Y.S.2d 554

The People of the State of New York, Respondent, v. Edgar Hughes, Appellant

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

August 30, 1993

Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

As the People concede, grand larceny in the fourth degree (Penal Law § 155.30) is not an enumerated violent felony offense (Penal Law § 70.02 [1]). Therefore, the defendant, who had only one prior violent felony conviction, was erroneously sentenced as a second violent felony...

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