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PEOPLE v. RODRIGUEZ

301 A.D.2d 616 (2003)

753 N.Y.S.2d 854

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALFREDO RODRIGUEZ, Respondent.

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

Decided January 21, 2003.

Ordered that the sentence is reversed, on the law, the adjudication of the defendant as a second felony offender is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith, to determine whether the defendant should be adjudicated a persistent violent felony offender pursuant to CPL 400.16.

The People filed a persistent violent felony offender statement pursuant to CPL 400.16, indicating, inter alia, that...

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