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PEOPLE v. KUEY

83 N.Y.2d 278 (1994)

631 N.E.2d 574

609 N.Y.S.2d 568

The People of the State of New York, Respondent, v. George Kuey, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse (Alan J. Pierce of counsel), for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Barbara D. Rose of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

SIMONS, J.

Defendant has been resentenced as a second felony offender, using a prior Florida youthful offender conviction as the predicate felony, without the benefit of an updated presentence report. He contends that the failure to obtain an updated report and the use of the Florida youthful offender conviction as a predicate require reversal and resentencing. For...

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