As the District Attorney concedes, defendant's record did not support adjudication as a second violent felony offender since he committed the instant offense before he was sentenced on the violent felony upon which the trial court relied to adjudicate him a second violent felon (Penal Law § 70.04). Nonetheless, sentence reduction is not warranted in this situation as the sentence was consented to, the sentence imposed is within the limits of a second nonviolent felony...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
