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PEOPLE v. MARRERO

3 N.Y.3d 762 (2004)

821 N.E.2d 968

788 N.Y.S.2d 663

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE MARRERO, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 2004.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler and Joseph N. Ferdenzi of counsel), for appellant.

Legal Aid Society, New York City (Richard Joselson and Laura R. Johnson of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Upon remitting the matter for resentencing based on the sentencing court having — as a result of the parties' mutual mistake — adjudicated defendant a second felony offender, the Appellate Division allowed the People to allege a different prior felony conviction as a basis for the adjudication. Citing Matter of Kisloff v Covington (

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