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PEOPLE v. CHEVERE

17 A.D.3d 193 (2005)

792 N.Y.S.2d 330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS CHEVERE, Appellant.

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

April 14, 2005.

The People did not file a predicate felony statement and the court never adjudicated defendant a second felony offender or second violent felony offender. Under the circumstances of the case, we conclude that a remand for resentencing is warranted in the interest of justice (compare People v Bouyea, 64 N.Y.2d 1140 [1985]). We note that there is an unresolved issue as to whether defendant is a second felony offender or second violent...

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