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PEOPLE v. SMITH

164 Misc.2d 306 (1995)

624 N.Y.S.2d 792

The People of the State of New York, Plaintiff, v. Jay Smith, Defendant.

Supreme Court, Richmond County.

March 13, 1995

Attorney(s) appearing for the Case

William L. Murphy, District Attorney of Richmond County, Staten Island (Susan DeJesus of counsel), for plaintiff. Legal Aid Society, Staten Island (Howard Rintel of counsel), for defendant.

CHARLES A. KUFFNER, JR., J.

The People have made application to set aside the judgment in this case and resentence the defendant. The People maintain defendant's original sentence is improper because he was not adjudicated and sentenced as a predicate felon.

On August 23, 1991 defendant was sentenced to one to three years after having previously pleaded guilty to burglary in the third degree. He was...

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