PEOPLE v. McMANUS


228 A.D.2d 453 (1996)

643 N.Y.S.2d 413

The People of the State of New York, Respondent, v. Michael McManus, Appellant

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

June 3, 1996


Ordered that the sentence is reversed, on the law, the adjudication that the defendant is a second violent felony offender is vacated, the defendant is determined to be a second felony offender, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

As the People concede, the sentence imposed was illegal. The defendant was convicted, upon his plea of guilty, of attempted assault in the second degree and adjudicated a second violent felony...

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