PEOPLE v. STEADMAN


308 A.D.2d 415 (2003)

764 N.Y.S.2d 820

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE STEADMAN, Appellant.

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

Decided September 30, 2003.


As conceded by the People, defendant was incorrectly sentenced as a second violent felony offender because his purported violent felony conviction was in fact a youthful offender adjudication. However, the sentencing record establishes that defendant's sentence was lawful in that he is a second felony offender, predicated upon a class B nonviolent felony conviction in 1991. Furthermore, the sentence of five years clearly reflects the court's intent and there is no indication...

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