PEOPLE v. ACEVEDO


292 A.D.2d 538 (2002)

739 N.Y.S.2d 582

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR ACEVEDO, Appellant.

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

Decided March 18, 2002.


Ordered that the judgment is modified, on the law, by vacating the sentences and the adjudication of the defendant as a second felony offender, and substituting therefor three concurrent terms of 3 1/3 to 10 years' imprisonment; as so modified, the judgment is affirmed.

As the People correctly concede, the defendant was improperly adjudicated a second felony offender, since the sentence imposed upon the defendant's prior conviction was not imposed before the commission...

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