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PEOPLE v. FERDINAND

288 A.D.2d 486 (2001)

733 N.Y.S.2d 885

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL FERDINAND, Appellant.

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

Decided November 26, 2001.

Ordered that the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendant's conviction in Tennessee is sufficient to serve as a predicate felony in New York, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County shall file its report with all deliberate speed.

The defendant's status as a predicate felon was based upon his conviction of escape in Tennessee. To be used as a predicate for enhanced...

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